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San Mateo County California Divorce Records

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					SUPERIOR COURT
      OF
  CALIFORNIA
  COUNTY OF
  SAN MATEO




  LOCAL COURT
     RULES
      As Amended
Effective January 1, 2009
                    SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
                                    Hall of Justice and Records
                                    400 County Center, 2nd Floor
                                   Redwood City, California 94063



                                        LOCAL COURT RULES
                                     FILING INSTRUCTIONS
                                UPDATES EFFECTIVE January 1, 2009


Please update your Superior Court of California, County of San Mateo Local Rules Binder by
removing and inserting the attached amendments by following these instructions:


      REMOVE THESE EXISTING PAGES                                INSERT THESE NEW PAGES
 1.   From the front of the binder
      a) Cover Page and Filing Instructions             a) Cover Page and Update Instructions
      b) Table of Contents                              b) Table of Contents
      c) Summary of Changes (page ii-iii)               c) Revised Summary of Changes (pages ii – iii)
      d) Filing Instructions (page v-vii)               d) Filing Instructions (page iv-vi)
      e) List of Currently Effective Rules              e) List of Currently Effective Rules
                 (January 1, 2008)(pages i-xii)                  (January 1, 2009) (pages i-xii)
 2.   Alphabetical Index (pages i-ix)                   Alphabetical Index (pages i-xi)
 3.   Division I, Table of Contents, page I             Division I, Table of Contents, pages 100-111
      Division II, page 209                             Division II, page 209
 3.   Division IV, Table of Contents, pages 400-452     Division IV, Table of Contents, pages 400-451
 4.   Division V, Table of Contents, pages 500 - 528    Division V, Table of Contents, pages 500 - 528
 5.   Division X, Table of Contents, page 1000          Division X, Table of Contents, pages 1000-1001
 5.   Division XI, Table of Contents, pages 1100-1106   Division XI, Table of Contents, pages 1100-1104
Superior Court of California, County of San Mateo



                                     TABLE OF CONTENTS



                                       INTRODUCTION


                                     DIVISION I
                               APPELLATE DEPARTMENT

                                 DIVISION II
                      COURT MANAGEMENT - SUPERIOR COURT

                                   DIVISION III
                     CIVIL LAW AND MOTION - SUPERIOR COURT

                                     DIVISION IV
                                 PROBATE DEPARTMENT

                              DIVISION V
            FAMILY LAW DEPARTMENT AND FAMILY COURT SERVICES

                                  DIVISION VI
                  OTHER SPECIAL DEPARTMENTS AND CALENDARS

                                        DIVISION VII
                                       CLASS ACTIONS

                                DIVISION VIII
                  SPECIAL MASTERS/REFEREES - SUPERIOR COURT

                                     DIVISION IX
                                CRIMINAL DEPARTMENT

                                DIVISION X
           JUDICIAL ARBITRATION FOR CIVIL CASES - SUPERIOR COURT

                                        DIVISION XI
                                        CIVIL RULES




Table of Contents and Introduction          -i-                    2008
Superior Court of California, County of San Mateo
                                           SUMMARY OF CHANGES

Revisions effective January 1, 2009
Cover Page-amended, Update Instructions – amended; Table of Contents-amended; Summary of Changes-
     amended; Filing Instructions-amended; List of Effective Rules amended; Alphabetical Index amended; The
     following Rules are Amended or Added:
     Division I – The entire division has been revised
     Division II – Rule 2.4 is amended to correct the reference to the California Rules of Court
     Division IV – Rule 4.17 is amended to correct the reference to the California Rules of Court; Rule 4.76 and
                    4.77.14 are amended to make reference to Local Court Form PR-9; Rules 4.81.3 and 4.81.8 are
                    updated to correct references to the Private Fiduciary in order to comply with statutory changes;
                    and Rules.4.81.1 and 4.81.7 are amended to update references to Local Court forms.
     Division V – Rule 5.4 is amended to correct the reference to the California Rules of Court
                   Rule 5.8 is amended to include Mediation proceedings in the Court’s “Collaborative Law”
                   process.
     Division X – Rule 10.2 is added (formerly Rule 11.6)
     Division XI – Rule 11.5 amended to correct the reference to the Code of Civil Procedure; 11.6 is repealed and
                   renumbered as Rule 10.2; and Rule 11.17 is repealed.


Revisions effective July 1, 2008
Cover Page-amended, Update Instructions – amended; Table of Contents-amended; Summary of Changes-
     amended; Filing Instructions-amended; List of Effective Rules amended; Alphabetical Index amended; The
     following Rules are Amended or Added:
     Division III – Rule 3.7 corrections made to list of references to the Code of Civil Procedure citations.
     Division IV – Rules 4.81.15 (title amended); 4.85 (reference to 3 &4 deleted); and Appendix A to Chapter 13
     relocated to after Rule 4.88
     Division V – Rules 5.6 E. (1) to (4) amended and (5) added

Revisions effective January 1, 2008
Cover Page-amended, Update Instructions – amended; Table of Contents-amended; Summary of Changes-
     amended; Filing Instructions-amended; List of Effective Rules amended; Alphabetical Index amended; The
     following Rules are Amended or Added:
     Division II – Rules 2.31-2.35 reserved, 2.36 to 2.37 added
     Division III –Rule 3.13 amended
     Division IV – Rules 4.81.10 A. amended; 4.81.17 A. amended, 4.81.17 B to D added, former paragraph B is
     renumbered to E
     Division V – Rules 5.6 E. (1) and (4) amended, 5.6 N. added, 5.8 C. amended, 5.8 C (2 to 9) renumbered to (3
     to 10), 5.16.1 B. and C. amended
     Division 9 – Rule 9.10 added
     Division 11 – Rule 11.1 repealed.

Revisions effective July 1, 2007
Cover Page-amended, Update Instructions – amended; Table of Contents-amended; Summary of Changes-amended;
     Filing Instructions-amended; List of Effective Rules amended; Alphabetical Index amended; The following
     Rules are Amended or Added:
     Division III – Rule 3.10 amended; Division V – Rules 5.16 to 5.16.5 added

Revisions effective January 1, 2007
Cover Page-amended, Update Instructions – amended; Table of Contents-amended; Summary of Changes-amended;
     Filing Instructions-amended; List of Effective Rules amended; Alphabetical Index amended; The following
     Rules are Amended so that references to the California Rules of Court are revised to coincide with the
     reorganization of the California Rules of Court effective January 1, 2007.
     Introduction – Rules 0.2, 0.5, 0.8 amended; Division II – Rules 2.1 to 2.4, 2.7, 2.7.1, 2.7.3, and 2.30 amended;
     Division III – General Provisions, Rules 3.3 to 3.10, 3.12 to 3.14, 3.16, and 3.19 amended; Division IV – Rules
     4.2, 4.7, 4.8, 4.18.3, 4.76 and 4.81.2 amended; Division V- Rules 5.4, 5.6 to 5.8 amended; Division VI – Rule
     6.3 amended;

Summary of Changes                                    - ii -                                 Revised 1/1/2009
Superior Court of California, County of San Mateo
     Division VIII- Rule 8.10, formerly deleted language in the Rule is removed from the page; Division IX – Rule
     9.6 amended; Division X – Rule 10.1 amended; Division XI- Rules 11.3, 11.17, 11.18 amended.

Revisions effective July 1, 2006
     Filing Instructions – amended; List of Effective Rules – amended, Alphabetical Index – amended
     Division V – Table of Contents – Amended-Rules 4.2, 4.10, 4.76, 4.77.1, 4.77.14, 4.81.4, 4.81.16, and
     4.81.18.
     Division IX- Table of Contents – Added new Rule 9.9

Revisions effective January 1, 2006
     Filing Instructions – amended; List of Effective Rules – amended, Alphabetical Index – amended
     Division II – Table of Contents – revised; Amended Rules 2.3, 2.7.1, 2.7.2 and 2.30
     Division V – Table of Contents – revised; Amended-Rules 5.13

Revisions effective July 1, 2005

     Filing Instructions – amended; List of Effective Rules – amended, Alphabetical Index – amended
     Division II – Table of Contents – revised; Amended Rules 2.4 and 2.30
     Division III – Table of Contents – revised, Amended Rule 3.13
     Division IV – Table of Contents – revised; Amended - Rules 4.10, 4.77.14, 4.81.1
     Division V – Table of Contents – revised; Amended-Rules 5.8
     Division VIII- Table of Contents – revised page numbers
     Division IX – Table of Contents – New Rule 9.8.
     Division XI – Revised title of Division

Revisions effective January 1, 2005

     Filing Instructions – amended; List of Effective Rules – amended, Alphabetical Index – amended
     Division II – Table of Contents – revised; Amended Rules 2.3 and 2.7.1, 2.7.2, 2.7.3
     Division IV – Table of Contents – revised; Amended - Rules 4.81.1
     Division V – Table of Contents – revised; Amended-Rules 5.4, 5.7, 5.8 and 5.13
     Division VIII – Table of Contents – Revised; Amended Rule 8.10.
     Division X – Table of Contents – Revised; Amended Rule 10.1

Revisions effective July 1, 2004

     Filing Instructions – amended; List of Effective Rules – amended, Alphabetical Index – amended
     Division II – Table of Contents – revised; Rule 2.6 repealed and renumbered to new Rule 2.7.6; Rule 2.7.6
     (formerly Rule 2.6); Rule 2.30 (new)
     Division IV – Table of Contents – revised; Amended - Rules 4.1, 4.2, 4.4 to 4.10, 4.12, 4.14, 4.24, 4.26,
     4.27, 4.28 to 4.34, 4.36 to 4.38, 4.76, 4.82, 4.85, 4.88, 4.89
     Renumbered and Amended – 4.19(b) as 4.19.1; 4.19(c) as 4.19.2; 4.26 as 4.26.1; 4.77 (a), (c), and (d) as
     4.77.1; 4.77(e) as 4.77.17; 4.81(a) as 4.81.1; 4.81(d) as 4.81.2; 4.81 (c) as 4.81.4; 4.81(g) as 4.81.5; 4.81(f)
     as 4.81.7; 4.81(e) as 4.81.9; 4.81(b) as 4.81.10; 4.81 (j) and (k) as 4.81.15; 4.81(h)(2) as 4.81.16; 4.81(h)(1) as
     4.81.17; 4.81(h))(1) as 4.81.18; 4.81(l) as 4.81.20; 4.86 as 4.81.21;4.81(m) as 4.81.22;
     New – 4.14.1, 4.24.1 to 4.24.4, 4.27.1; 4.77.2 to 4.77.16, 4.81.3, 4.81.6, 4.81.8, 4.81.11 to 4.81.14, 4.81.19;
     4.90 to 4.100
     Repealed - Rules 4.3, 4.11, 4.13, 4.23, 4.35, 4.49 through 4.54, 4.77, 4.81, and 4.87.
     Division V – Table of Contents – revised; Rule 5.5 amended changing the filing of the ADR Notice
     requirement.

Revisions effective January 1, 2004

     List of Effective Rules-amended, Alphabetical Index – amended
     Division V – Table of Contents-revised; Rule 5.1-amended changing wording and added reference to
     California Rules of Court; Rule 5.2 –amended adding domestic violence calendar in the division; Rule 5.4 –
     amended adding in new sections A-F replacing former sections; Rule 5.5 – New; Rule 5.6- (formerly Rule
     5.5) replaced former sections A-G and adding sections H-N; Rule 5.7- (formerly 5.6) amended sections A-C,
Summary of Changes                                     - iii -                                  Revised 1/1/2009
Superior Court of California, County of San Mateo
     adding new section B-G, renumbered H-K, deleted section L; Rule 5.8 – New, incorporates former Rules 5.8
     and 5.9; Rule 5.9 - New; Rule 5.10 –(former Rule 5.14 renumbered); Rule 5.11 –(formerly 5.7 renumbered)
     adding sections B-C; Rule 5.12 – (formerly Rule 5.10 renumbered) amended replacing item D.2.; Rule 5.13 –
     (formerly Rule 5.11 renumbered) revising and renumbering section B; Rule 5.14 – (formerly section 5.12
     renumbered) amended; Rule 5.15- amended adding new sections A-D; Appendix 1 – Status Conference
     Statement Local Form, New ; Appendix 2 – Mandatory Settlement Conference Statement Local Form,
     (formerly Appendix 1-Pre-trial Statement format, renamed and amended); Former Appendix 2 -Joint Case
     Management Conference form is repealed; Appendix 6 – Notice of ADR Options Local Form, New.

Revisions effective July 1, 2003
     List of Effective Rules-amended, Alphabetical Index – amended
     Division II - Rule 2.3 amended – added (d)(1)(C), (d)(2)(C); renumbered paragraph (e)(2) thru (6) to (e)(4)
     thru (8); added new paragraphs (e)(2) and (3).
     Division IV – Table of Contents-revised; Rule 4.85 amended - add opening paragraph; added paragraphs (B)
     (6)-(9); Rule 4.88 amended – added paragraph (b) and numbered (a).
     Division V – Table of Contents – revised; Rule 5.4 (C)(2) Notice to Family Law Litigants-amend; (C)(3)
        paragraph numbered.
     Division IX – Rule 9.4 amended.

Revisions effective January 1, 2003
     List of Effective Rules-amended, Alphabetical Index – amended
     Introduction – Rule 0.9 amended
     Division II - Table of Contents-revised; Rule 2.3 amended (code reference changes and adding sections
     (e)(6), (h)(2)-(3), and revising sections (i)(1) and (3)); Rule 2.3.1 amended by adding section (d); Rule 2.4-
     code reference change.
     Division IV – Table of Contents-revised; Rule 4.1- add section (d)
     Division V – Table of Contents-revised; Rule 5.4-amend (B)(1)
     Division IX – Rule 9.5 repealed.

Revisions effective January 1, 2002
     Replace Rules List, Alphabetical Index, Introduction, Division II index and pages 208-211, and Division VIII
     index and pages 801-802.

Revisions effective January 1, 2000
     Replace Rules List, Alphabetical Index, Divisions II, III, IV and V

Revisions effective July 1, 1997
     Rule 0.9 adopted re Standing orders

Revisions effective January 1, 1997
     Rule 11.4 adopted re Civil Case Assignment

Revisions effective July 1, 1996
     All prior rules of the San Mateo County Superior Court and of the San Mateo County Municipal Court have
     been superseded by the new restated and newly adopted rules of the coordinated San Mateo County Superior
     and Municipal Courts.




Summary of Changes                                     - iv -                                  Revised 1/1/2009
Superior Court of California, County of San Mateo

                                 FILING INSTRUCTIONS

                             Revisions effective January 1, 2009

To update your Local Court Rules please replace the following sections and pages:
     Cover Page and Update Instructions
     Table of Contents
     Summary of Changes
     Filing Instructions
     List of Currently Effective Rules
     Alphabetical Index
     Division I (Revised Table of Contents and Rules text)
     Division II (replace page 209)
     Division IV (Revised Table of Contents and pages 400-452 with new materials)
     Division V (Revised Table of Contents and pages 500-528))
     Division X (replace Table of Contents and page 1000 with Revised Table of Contents and
                 pages 1000-1001)
     Division XI (replace Table of Contents and pages 1100-1106 with Revised Table of
                 Contents and pages 1100-1104).

                               Revisions effective July 1, 2008

To update your Local Court Rules please replace the following sections and pages:
     Cover Page and Update Instructions
     Table of Contents
     Summary of Changes
     Filing Instructions
     List of Currently Effective Rules
     Alphabetical Index
     Division III (replace page 3.1, minor change to Rule 3.7 citations)
     Division IV (Revised Table of Contents and Rules text)
     Division V (Revised Table of Contents and Rules text)

                             Revisions effective January 1, 2008

To update your Local Court Rules please replace the following sections and pages:
     Cover Page and Update Instructions
     Table of Contents
     Summary of Changes
     Filing Instructions
     List of Currently Effective Rules
     Alphabetical Index
     Division II (Revised Table of Contents and Rules text)
     Division III (Revised Table of Contents and Rules text)
     Division IV (Revised Table of Contents and Rules text)
     Division V (Revised Table of Contents and Rules text)
     Division IX (Revised Table of Contents and Rules text)
     Division XI (Revised Table of Contents and Rules text)
Filing Instructions                         -v-                             Revised 1/1/2008
Superior Court of California, County of San Mateo


                               Revisions effective July 1, 2007

To update your Local Court Rules please replace the following sections and pages:
     Cover Page and Update Instructions
     Table of Contents
     Summary of Changes
     Filing Instructions
     List of Currently Effective Rules
     Alphabetical Index
     Division III (Revised Table of Contents and Rules text)
     Division V (Revised Table of Contents and Rules text)

                             Revisions effective January 1, 2007

To update your Local Court Rules please replace the following sections and pages:
     Cover Page and Update Instructions
     Table of Contents
     Summary of Changes
     Filing Instructions
     List of Currently Effective Rules
     Alphabetical Index
     Introduction and Rules 0.1 to 0.9
     Division II (Revised Table of Contents and Rules text)
     Division III (Revised Table of Contents and Rules text)
     Division IV (Revised Table of Contents and Rules text)
     Division V (Revised Table of Contents and Rules text)
     Division VI (Revised Table of Contents and Rules text)
     Division III (Revised Table of Contents and Rules text)
     Division IX (Revised Table of Contents and Rules text)
     Division X (Revised Table of Contents and Rules text)
     Division XI (Revised Table of Contents and Rules text)

                               Revisions effective July 1, 2006

To update your Local Court Rules please replace the following sections and pages:
     Cover Page and Filing Instructions
     Table of Contents
     Summary of Changes
     Alphabetical Index
     List of Currently Effective Rules and Alphabetical Index
     Division IV (Revised Table of Contents and Rules text)
     Division IX (Revised Table of Contents and Rules text)

                             Revisions effective January 1, 2006

To update your Local Court Rules please replace the following sections and pages:
     Cover Page and Filing Instructions
Filing Instructions                         - vi -                          Revised 1/1/2008
Superior Court of California, County of San Mateo

     Table of Contents
     Summary of Changes
     Alphabetical Index
     List of Currently Effective Rules and Alphabetical Index
     Division II (Revised Table of Contents and Rules text)
     Division V (Revised Table of Contents and Rules text)

                               Revisions effective July 1, 2005

To update your Local Court Rules please replace the following sections and pages:
     Cover Page and Filing Instructions
     Table of Contents
     Summary of Changes
     Alphabetical Index
     List of Currently Effective Rules and Alphabetical Index
     Division II (Revised Table of Contents and Rules text)
     Division III (Revised Table of Contents and Rules text)
     Division IV (Revised Table of Contents and Rules text)
     Division V (Revised Table of Contents and Rules text)
     Division VIII (Revised Table of Contents, Rules text and Appendicies I through VI)
     Division IX (Revised Table of Contents and Rules text)
       Division XI (Revised Table of Contents and Rules text)

                             Revisions effective January 1, 2005

To update your Local Court Rules please replace the following sections and pages:
     Cover Page and Filing Instructions
     Table of Contents
     Summary of Changes
     Alphabetical Index
     List of Currently Effective Rules and Alphabetical Index
     Division II (Revised Table of Contents and Rules text)
     Division IV (Revised Table of Contents and Rules text)
     Division V (Revised Table of Contents and Rules text)
     Division VIII (Revised Table of Contents, Rules text and Appendicies I through VI)
     Division X (Revised Table of Contents and Rules text)

                               Revisions effective July 1, 2004

To update your Local Court Rules please replace the following sections and pages:
     Cover Page and Filing Instructions
     Table of Contents
     Summary of Changes
     Alphabetical Index
     List of Currently Effective Rules and Alphabetical Index
     Division II (Revised Table of Contents and Rules text)
     Division IV (Revised Table of Contents and Rules text)
     Division V (Revised Table of Contents and Rules text)
Filing Instructions                         - vii -                         Revised 1/1/2008
Superior Court of California, County of San Mateo


                              Revisions effective January 1, 2004
To update your Local Court Rules, please replace the following sections and pages:
     Summary of Changes
     Filing Instructions
     List of Effective Rules and Alphabetical Index
     Division V-Table of Contents and Rules, Replace entire section

                                Revisions effective July 1, 2003
To update your Local Court Rules, please replace the following sections and pages:
     List of Effective Rules and Alphabetical Index
     Division II-Table of Contents, Replace entire section
     Division IV – Table of Contents; Replace entire section
     Division V – Table of Contents; Replace entire section
      Division IX – Table of Contents; Replace entire section

                              Revisions effective January 1, 2003
To update your Local Court Rules, please replace the following sections and pages:
     List of Effective Rules and Alphabetical Index
     Introduction Section – Replace entire section
     Division II-Table of Contents, Replace entire section
     Division IV – Table of Contents; Replace entire section
     Division V – Table of Contents; Replace entire section
     Division IX – Table of Contents; replace page 901 with new page 901

                              Revision effective January 1, 2002
Replace Rules List, Alphabetical Index, Introduction Division II index and pages 208-211, and
Division VIII index and pages 801-802.

                              Revision effective January 1, 2000
Replace Rules List, Alphabetical Index, Divisions II, III, IV and V

                               Revision effective July 1, 1997
Replace Introduction{ "Class Actions – Pretrial Proceedings: Introduction" } Index, Page 4;
Replace page 7 of Introduction

                             Revision effective January 1, 1997
Replace Division XI Index, Page 1; Replace Page 1100/1101 in Division XI.

                               Revisions effective July 1, 1996
To update your Local Rules of Court, please replace entirely all existing Rules of both the
Superior Court and the Municipal Court of San Mateo County.




Filing Instructions                          - viii -                         Revised 1/1/2008
Superior Court of California, County of San Mateo

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO - LOCAL RULES

                       LIST OF CURRENTLY EFFECTIVE RULES
                                 JANUARY 1, 2009

INTRODUCTION

       Rule 0.1       Adoption and Amendment of Rules (Eff. 7/1/96)
       Rule 0.2       Sanctions (Eff. 7/1/96) (Amended, Eff 1/1/07)
       Rule 0.3       Court Security (Eff. 7/1/96)
       Rule 0.4       Reserved
       Rule 0.5       Civil Appeals Fees (Eff. 7/1/96) (Amended, Eff 1/1/07)
       Rule 0.6       REPEALED[Court Consolidation and Coordination]
                      (Eff. 7/1/96)(Repealed 1/1/2002)
       Rule 0.7       Court Designation/Caption (Eff. 7/1/96)(Amended 1/1/2002)
       Rule 0.8       Contents of Proof of Service (Eff. 7/1/96) (Amended, Eff 1/1/07)
       Rule 0.9       Standing Orders (Eff. 7/1/97)(Amended 1/1/2003)


DIVISION I - RULES ON APPEAL TO THE APPELLATE DEPARTMENT

CHAPTER I. APPELLATE DEPARTMENT RULES

       Rule 1.1       Sessions (Eff. 7/1/96) (Repealed, eff. 1/1/09)
       Rule 1.2       Briefs (Eff. 7/1/96) (Repealed, eff. 1/1/09)
       Rule 1.3       Decisions (Eff. 7/1/96) (Repealed, eff. 1/1/09)
       Rule 1.4       Rehearing and Finality of Judgments (Eff. 7/1/96) (Repealed, eff. 1/1/09)
       Rule 1.0       General Provisions (Adopted, eff. 1/1/09)
       Rule 1.1       Notice of Appeal (Adopted, eff. 1/1/09)
       Rule 1.2       Stay Orders (Adopted, eff. 1/1/09)
       Rule 1.3       Appointed Counsel in Misdemeanor Appeals (Adopted, eff. 1/1/09)
       Rule 1.4       Record on Appeal (Adopted, eff. 1/1/09)
       Rule 1.5       Briefs (Adopted, eff. 1/1/09)
       Rule 1.6       Oral Argument (Adopted, eff. 1/1/09)
       Rule 1.7       Decision (Adopted, eff. 1/1/09)
       Rule 1.8       Applications and Motions (Adopted, eff. 1/1/09)
       Rule 1.9       Extensions and Relief from Default (Adopted, eff. 1/1/09)
       Rule 1.10      Writs (Adopted, eff. 1/1/09)


DIVISION II - COURT MANAGEMENT - SUPERIOR COURT

CHAPTER 1. FORM AND SERVICE OF PAPERS

       Rule 2.0   Transfer of Court-Related Functions of the
                  County Clerk to the Superior Court (Eff. 7/1/96)
     Rule 2.1     Form of Papers Presented for Filing (Eff. 7/1/96) (Amended, Eff 1/1/07)
     Rule 2.1.1   REPEALED [Authority From Non-California Jurisdictions (Eff. 7/1/96)] (Eff
                  1/1/2000)
     Rule 2.1.2   REPEALED [Requests for Judicial Notice (Eff. 7/1/96)] (Eff 1/1/2000)
     Rule 2.1.3   California Environmental Quality Act (CEQA)(Eff 1/1/99)
     Rule 2.1.4   Documents Produced Through a Nonparty (Eff. 1/1/2000)
CHAPTER 2. CIVIL TRIAL COURT MANAGEMENT RULES
List of Currently Effective Rules              -i-                                Revised 7/1/2008
Superior Court of California, County of San Mateo


       PART 1. MANAGEMENT DUTIES

       Rule 2.2        Trial Court Management (Eff. 1/1/2000) (Amended, Eff 1/1/07)

       PART 2. CASEFLOW MANAGEMENT

       Rule 2.3        New Case Management (Eff. 7/1/96)(Amend 1/1/2000)
                       (Amended 1/1/2003) (Amended 1/1/05) (Amended 1/1/06) (Amended, Eff
                       1/1/07)
       Rule 2.3.1      Orders to Show Cause re: Dismissals (Eff. 1/1/2000)(Amended 1/1/2003)
       Rule 2.4        Settlement Conferences (Eff. 7/1/96)(Amended 1/1/2003)(Amended 7/1/2003)
                               (Amended, 7/1/05) (Amended, Eff 1/1/07) (Amended, eff. 1/1/09)

       PART 3. CALENDAR MANAGEMENT

       Rule 2.5        Trial Date Settlement Conferences (Eff. 7/1/96)
       Rule 2.6        REPEALED. [Refund of Jury Fees: Duty to notify Court] (Eff. 7/1/96)
                       (Repealed, Eff. 7/1/04, renumbered 2.7.6)

CHAPTER 3. [RESERVED]

CHAPTER 4. JURY RULES

       Rule 2.7        Length of Jury Service (Eff. 1/1/2000) (Amended, Eff 1/1/07)
       Rule 2.7.1      Proposed Jury Instructions (Eff. 7/1/96)(Amended 1/1/2002)
                        (Amended 1/1/2005) (Amended 1/1/06) (Amended, Eff 1/1/07)
       Rule 2.7.2      Duty of Counsel with Respect to Jury Instructions (Eff. 1/1/2000) (Amended
                       1/1/2005) (Amended 1/1/06)
       Rule 2.7.3      Form of Proposed Jury Instructions (Eff. 1/1/2000) (Amended 1/1/2006)
                       (Amended, Eff 1/1/07)
       Rule 2.7.4      Changing Jury Instructions (Eff. 1/1/2000)
       Rule 2.7.5      Jury Instruction Conference (Eff. 1/1/2000)
       Rule 2.7.6      Refund of Jury Fees: Duty to notify Court (Eff. 7/1/04)

CHAPTER 5. GENERAL RULES

       Rule 2.8        Family Law Rules (Eff 7/1/96)
       Rule 2.9        Required Action (Eff 7/1/96)
       Rule 2.10       Interpreters and Translators (Eff. 1/1/2000)
       Rules 2.11 to 2.19 Reserved (Eff. 1/1/2002)

CHAPTER 6. CIVIL TRIAL RULES

       Rule 2.20       Trial Motions, Briefs, Statements, and Witness Lists (Eff. 1/1/2002)
       Rule 2.21       In Limine Motions (Eff. 1/1/2002)
       Rule 2.22       Production of Exhibits (Eff. 1/1/2002)

       RULES 2.23 THROUGH 2.29 RESERVED


CHAPTER 7. COMPLEX CASES


List of Currently Effective Rules               - ii -                             Revised 7/1/2008
Superior Court of California, County of San Mateo

       Rule 2.30      Determination of Complex Case Designation (Adopted, Effective 7/1/2004)
                      Amended, effective 7/1/2005) (Amended 1/1/06)(Amended, effective 1/1/07)

CHAPTER 8. ACCESS TO COURT RECORDS

       Rules 2.31 to 2.35 Reserved

       Rule 2.36      Public Access and Privacy (Adopted, eff 1/1/08)
       Rule 2.37      Public Access (Adopted, eff 1/1/08)
       Rule 2.38      Electronic Access (Adopted, eff 1/1/08)

DIVISION III - CIVIL LAW AND MOTION - SUPERIOR COURT

CHAPTER 1. GENERAL PROVISIONS

       Rule 3.1       Application (Eff. 1/1/2000)

CHAPTER 2. FORMAT AND FILING OF PAPERS

       Rule 3.2       Law and Motion Calendars (Eff. 1/1/2000)
       Rule 3.3       Form of Papers (Eff. 1/1/2000) (Amended, Eff 1/1/07)
       Rule 3.4       Points and Authorities (Eff. 1/1/2000) (Amended, Eff 1/1/07)
       Rule 3.5       Declarations and Affidavits (Effective 1/1/2000) (Amended, Eff 1/1/07)
       Rule 3.6       Judicial Notice (Eff. 1/1/2000) (Amended, Eff 1/1/07)

CHAPTER 3. HEARINGS

       Rule 3.7       Notice of Hearing and Filing of Papers (Eff. 1/1/2000) (Amended, Eff 1/1/07,
                      7/1/08)
       Rule 3.8       List of Parties (Eff. 1/1/2000) (Amended, Eff 1/1/07)
       Rule 3.9       Continuances and Taking Matters Off Calendar (Eff. 1/1/2000) (Amended, Eff
                      1/1/07)
       Rule 3.10      Tentative Rulings (Eff. 1/1/2000) (Amended, Eff 1/1/07)(Amended, Eff 7/1/07)
       Rule 3.11      Opposition on Ground of Unavailability of Evidence (Eff.7/1/96)
       Rule 3.12      Evidence at Hearing (Eff. 1/1/2000) (Amended, Eff 1/1/07)
       Rule 3.13      CourtCall Telephonic Appearances (Eff. 1/1/2000)(Amended 7/1/05) (Amended,
                      Eff 1/1/07) (Amended effective 1/1/08)

CHAPTER 4. PARTICULAR PROCEEDINGS

       Rule 3.14      Motions for Summary Judgment and Summary Adjudication (Eff. 1/1/2000)
                      (Amended, Eff 1/1/07)
       Rule 3.15      Unlawful Detainers (Eff. 1/1/2000)
       Rule 3.16      Motions to Continue Arbitration (Eff. 1/1/2000) (Amended, Eff 1/1/07)
       Rule 3.17      Motions After Trial (Eff 1/1/96)
       Rule 3.18      Motions to Reconsider (Eff 1/1/2000)
       Rule 3.19      Ex Parte Applications and Orders (Eff. 1/1/2000) (Amended, Eff 1/1/07)




DIVISION IV - PROBATE DEPARTMENT


List of Currently Effective Rules             - iii -                           Revised 7/1/2008
Superior Court of California, County of San Mateo

CHAPTER 1. ORGANIZATION AND ADMINISTRATION

       Rule 4.1       General Provisions (Eff. 7/1/96)(Amended 1/1/2003; eff. 7/1/2004)
       Rule 4.2       Hearing (Eff. 7/1/96)(Amended 1/1/2003; eff. 7/1/2004, (Amended, eff. 7/1/06)
                      (Amended, Eff 1/1/07)
       Rule 4.3       REPEALED Contested Matters (Eff. 7/1/96)(Repealed, eff 7/1/2004)
       Rule 4.4       Length of Hearing (Eff. 7/1/96)(Amend Eff 1/1/2000, eff 7/1/2004)
       Rule 4.5       Non-Appearance (Eff. 7/1/96)(Amended, eff 7/1/2004
       Rule 4.6       Appearance (Eff. 7/1/96)(Amend Eff 1/1/2000, eff 7/1/2004)
       Rule 4.7       Ex Parte Matters(Eff. 7/1/96)(Amend Eff 1/1/2000, eff 7/1/2004) (Amended, Eff
                      1/1/07)

CHAPTER 2. PLEADINGS

       Rule 4.8       Caption (Eff. 7/1/96) (Amended, eff 7/1/2004) (Amended, Eff 1/1/07)
       Rule 4.9       Petition (Eff. 7/1/96) (Amended, eff 7/1/2004)
       Rule 4.10      Judicial Council Forms (Eff. 7/1/96) (Amended, eff 7/1/2004)
                               (Amended 7/1/05)(Amended 7/1/06)
       Rule 4.11      REPEALED Accounts (Eff. 7/1/96) (Repealed, eff 7/1/2004)
       Rule 4.12      Verification (Eff. 7/1/96) (Amended, eff 7/1/2004)

CHAPTER 3. SPOUSAL PROPERTY PETITION

       Rule 4.13      REPEALED Statement of Title (Eff. 7/1/96) (Repealed, eff 7/1/2004)
       Rule 4.14      Allegations in Support of Showing of Community Property (Eff. 7/1/96)
                      (Amended, eff 7/1/2004)
       Rule 4.14.1    Spousal Property Petition Filed with Petition for Probate (Adopted, eff 7/1/2004)
       Rule 4.15      Fees (Eff. 7/1/96) (Amended, eff 7/1/2004)
       Rule 4.16      Election of Surviving Spouse to Administer Property (Eff. 7/1/96) (Amended, eff
                      7/1/2004)

CHAPTER 4. APPOINTMENT OF EXECUTORS AND ADMINISTRATORS:
             PROOF OF WILLS
     Rule 4.17    Appointment of Special Administrator (Eff. 7/1/96) (Amended, eff 7/1/2004)
                  (Amended, eff. 1/1/09)
     Rule 4.18    Petition for Probate of Will and Letters of Administration (Eff. 7/1/96)
                  (Amended, eff 7/1/2004)
     Rule 4.18.1  Holograhic Will (Eff 7/1/2004, formerly rule 4.18(a))
     Rule 4.18.2  Foreign Wills (Eff 7/1/2004), formerly rule 4.18 (a))
     Rule 4.18.3  Attachment 9 to Petition for Probate, (Eff 7/1/2004), formerly rule 4.18(c))
                  (Amended, Eff 1/1/07)
     Rule 4.19    Notice Requirements (Eff. 7/1/96) (Amended, eff 7/1/2004)
     Rule 4.19.1  Service of Notice (Adopted, eff 7/1/2004 [formerly Rule 4.19(b)])
     Rule 4.19.2  Publication (Adopted, eff 7/1/2004 [formerly Rule 4.19(c)])
     Rule 4.20    Proof of Wills (Eff. 7/1/96) (Amended, eff 7/1/2004)
     Rule 4.21    Lost or Destroyed Wills (Eff. 7/1/96) (Amended, eff 7/1/2004)
     Rule 4.22    Renunciations and Declinations to Act (Eff. 7/1/96) (Amended, eff 7/1/2004)

CHAPTER 5. BOND

       Rule 4.23      REPEALED Evidence as to Amount of Bond (Eff. 7/1/96) (Repealed, eff
                      7/1/2004)
       Rule 4.24      When Bond Is Not Required (Eff. 7/1/96) (Amended, eff 7/1/2004)

List of Currently Effective Rules             - iv -                              Revised 7/1/2008
Superior Court of California, County of San Mateo

       Rule 4.24.1    Statement of Waiver in Petition (Adopted, eff 7/1/2004)
       Rule 4.24.2    Two or More Personal Representatives (Adopted, eff 7/1/2004)
       Rule 4.24.3    Separate Bonds for Individuals (Adopted, eff 7/1/2004)
       Rule 4.24.4    Independent Power to Sell Real Property (Adopted, eff 7/1/2004)
       Rule 4.25      Nonresident Executors or Administrators (Eff. 7/1/96) (Amended, eff 7/1/2004)
       Rule 4.26      Reducing Bond (Eff. 7/1/96) (Amended, eff 7/1/2004)
       Rule 4.26.1    Withdrawn Funds From Blocked Account (Adopted, eff 7/1/2004 [formerly
                      Rule 4.26])
       Rule 4.27      Duty to Apply for Order Increasing Bond (Eff. 7/1/96) (Amended, eff 7/1/2004)
       Rule 4.27.1    Bond Upon Sale of Real Property (Adopted, eff 7/1/2004)

CHAPTER 6. INVENTORY AND APPRAISEMENT

       Rule 4.28      Probate Referee Appointment (Eff. 7/1/96) (Amended, eff 7/1/2004)
       Rule 4.29      Preparing Inventory and Appraisal (Eff. 7/1/96) (Amended, eff 7/1/2004)
       Rule 4.30      Sufficiency of Bond (Eff. 7/1/96) (Amended, eff 7/1/2004)
       Rule 4.31      Waiver of Appraisal by Referee (Eff. 7/1/96) (Amended, eff 7/1/2004)


CHAPTER 7. CLAIMS

       Rule 4.32      Nature and Form of Claims (Eff. 7/1/96) (Amended, eff 7/1/2004)
       Rule 4.33      Filing and Listing Claims (Eff. 7/1/96) (Amended, eff 7/1/2004)
       Rule 4.34      Approval by the Court (Eff. 7/1/96) (Amended, eff 7/1/2004)
       Rule 4.35      REPEALED Rejection of Claims by Personal Representative (Eff. 7/1/96)
                      (Repealed, eff 7/1/2004)
       Rule 4.36      Funeral and Interment Claims (Eff. 7/1/96) (Amended, eff 7/1/2004)
       Rule 4.37      Claims of Personal Representatives (Eff. 7/1/96) (Amended, eff 7/1/2004)
       Rule 4.38      Compromise of Claims (Eff. 7/1/96) (Amended, eff 7/1/2004)

CHAPTER 8. SALES

       PART I. GENERAL INFORMATION

       Rule 4.39      Judicial Approval (Eff. 7/1/96)(Amend Eff 1/1/2000)
       Rule 4.40      Exclusive Listings for Sale of Property (Eff. 7/1/96)

       PART II. SALES OF PERSONAL PROPERTY

       Rule 4.41      Tangible Personal Property (Probate Code Sections 10250-10264)
                      (Eff. 7/1/96)
       Rule 4.42      Securities (Eff. 7/1/96)
       Rule 4.43      Condominiums, Community or Cooperative Apartments (Eff. 7/1/96)

       PART III. RETURN OF SALES OF REAL PROPERTY

       Rule 4.44      Publication of Notice of Intention to
                              Sell Real Property (Eff. 7/1/96)(Amend Eff 1/1/2000)
       Rule 4.45      Return of Private Sale (Eff. 7/1/96)
       Rule 4.46      Broker's Commissions (Eff. 7/1/96)
       Rule 4.47      Broker's Commissions in Overbid Situations (Eff. 7/1/96)



List of Currently Effective Rules              -v-                              Revised 7/1/2008
Superior Court of California, County of San Mateo

CHAPTER 9. ACCOUNTS

       Rule 4.48      In General (Eff. 7/1/96) (Amended, eff 7/1/2004)
       Rule 4.49      REPEALED Summary of Account Form (Eff. 7/1/96) (Repealed, eff 7/1/2004)
       Rule 4.50      REPEALED Contents of Account (Eff. 7/1/96)(Amend Eff 1/1/2000)
                      (Repealed, eff 7/1/2004)
       Rule 4.51      REPEALED Reporting Income and Principal (Eff. 7/1/96) (Repealed, eff
                      7/1/2004)
       Rule 4.52      REPEALED Allegations re Sufficiency of Bond (Eff. 7/1/96) (Repealed, eff
                      7/1/2004)
       Rule 4.53      REPEALED Trustee's First Account (Eff. 7/1/96) (Repealed, eff 7/1/2004)
       Rule 4.54      REPEALED Waiver of Accounting on Final Distribution (Eff. 7/1/96)
                      (Repealed, eff 7/1/2004)

CHAPTER 10. DISTRIBUTION OF PROBATE ESTATE

       Rule 4.55      Description of Assets (Eff. 7/1/96)
       Rule 4.56      Asset Distribution (Eff. 7/1/96)
       Rule 4.57      Allegation re Character of Assets (Eff. 7/1/96)
       Rule 4.58      Agreements for Distribution of Assets (Eff. 7/1/96)
       Rule 4.59      Assignment of Assets (Eff. 7/1/96)
       Rule 4.60      Allegations re Heirs of Predeceased Spouse When Decedent
                      Dies Intestate (Eff. 7/1/96)
       Rule 4.61      Distribution to Persons Under Conservatorship or Guardianship
                      (Eff. 7/1/96)
       Rule 4.62      Distribution to Minors (Eff. 7/1/96)
       Rule 4.63      Distribution to Representative of Deceased Heir or Beneficiary
                      (Eff. 7/1/96)
       Rule 4.64      Distribution to Intestate Heirs (Eff. 7/1/96)
       Rule 4.65      Interest on General Pecuniary Legacies (Eff. 7/1/96)
       Rule 4.66      Requirements re Final Distribution (Eff. 7/1/96)(Amend Eff 1/1/2000)
       Rule 4.67      Tax Procedures re Final Distribution (Eff. 7/1/96)
       Rule 4.68      Preliminary Distribution Under Section 11621
                                (Eff. 7/1/96)(Amended, Eff 1/1/2000)

CHAPTER 11. MISCELLANEOUS PETITIONS AND ORDERS

       Rule 4.69      Family Allowance (Sections 6540-6545) (Eff. 7/1/96)
       Rule 4.70      Borrowing Money (Sections 9800-9807) (Eff. 7/1/96)
       Rule 4.71      Operating a Business (Sections 9760(c) and (d)) (Eff. 7/1/96)
       Rule 4.72      Determining Title to Real or Personal Property(Section 9860) (Eff. 7/1/96)
       Rule 4.73      Substitution or Withdrawal of Attorney (Eff. 7/1/96)
       Rule 4.74      Obtaining Final Discharge (Eff. 7/1/96)
       Rule 4.75      Proceedings to Establish Fact of Death (Sections 200-204) (Eff. 7/1/96)

CHAPTER 12. GUARDIANSHIPS AND CONSERVATORSHIPS

       Rule 4.76      Temporary Conservatorships (Eff. 7/1/96) (Amended, eff 7/1/2004)(Amended,
                      eff. 7/1/2006) (Amended, Eff 1/1/07) (Amended, eff. 1/1/09)
       Rule 4.77      REPEALED Guardianships (Eff. 7/1/96) (Repealed, eff 7/1/2004)
       Rule 4.77.1    Petition for General Guardianship (Adopted, eff 7/1/2004 [formerly Rule
                      4.77(a), (c), and (d)]) (Amended, eff. 7/1/2006)
       Rule 4.77.2    Hearing Dates (Adopted, eff 7/1/2004)

List of Currently Effective Rules             - vi -                             Revised 7/1/2008
Superior Court of California, County of San Mateo

       Rule 4.77.3    Service of Documents (Adopted, eff 7/1/2004)
       Rule 4.77.4    Proof of Service of the Notice of Hearing (Adopted, eff 7/1/2004)
       Rule 4.77.5    Personal Appearance (Adopted, eff 7/1/2004)
       Rule 4.77.6    Multiple Wards (Adopted, eff 7/1/2004)
       Rule 4.77.7    Investigation of Guardianship and Filing of Reports (Adopted, eff 7/1/2004)
       Rule 4.77.8    Factors to Be Addressed in Guardianship Investigative Reports (Adopted, eff
                      7/1/2004)
       Rule 4.77.9    Alternative Guardian (Adopted, eff 7/1/2004)
       Rule 4.77.10   Order Appointing Guardian (Adopted, eff 7/1/2004)
       Rule 4.77.11   Guardian of the Estate (Adopted, eff 7/1/2004)
       Rule 4.77.12   Current Address / Relocation (Adopted, eff 7/1/2004)
       Rule 4.77.13   Review of Guardianship (Adopted, eff 7/1/2004)
       Rule 4.77.14   Temporary Guardianship – emergency situations only (Adopted, eff 7/1/2004)
                               (Amended, eff 7/1/05)(Amended, eff. 7/1/2006) (Amended, eff. 1/1/09)
       Rule 4.77.15   Accounts and Reports (Adopted, eff 7/1/2004)
       Rule 4.77.16   Fees for Guardian and for Attorney for Guardian (Adopted, eff 7/1/2004)
       Rule 4.77.17   Discharge (Adopted, eff 7/1/2004 [formerly Rule 4.77(e)])
       Rule 4.78      Use of Minor's Assets for Support (Eff. 7/1/96)
       Rule 4.79      Disposition of Minor's Funds (Sections 3410-3413) (Eff. 7/1/96)
       Rule 4.80      Compromise of Claims (Eff. 7/1/96)
       Rule 4.81      REPEALED Conservatorships (Eff. 7/1/96)(Amend Eff.1/1/99)(Amend Eff
                      1/1/2000) (Repealed, eff 7/1/2004)
       Rule 4.81.1    Petition for Appointment of Conservator (Adopted, eff 7/1/2004 [formerly Rule
                      4.81(a) ]) (Amended 1/1/2005) (Amended 7/1/05) (Amended, eff. 1/1/09)
       Rule 4.81.2    Notice (Adopted, eff 7/1/2004 [formerly Rule 4.81(d)]) (Amended, Eff 1/1/07)
       Rule 4.81.3    Guardians, Conservators and Trustees Qualifications (Adopted, eff 7/1/2004)
                      (Amended, eff. 1/1/09)
       Rule 4.81.4    Special Requirements on Appointment or Termination of Conservator (Adopted,
                      eff 7/1/2004 [formerly Rule 4.81(c)]) (Amended, eff. 7/1/2006)
       Rule 4.81.5    General Plan (Adopted, eff 7/1/2004 [formerly Rule 4.81(g)])
       Rule 4.81.6    Letters of Conservatorship of the Estate (Adopted, eff 7/1/2004)
       Rule 4.81.7    Changes of Address (Adopted, eff 7/1/2004 [formerly Rule 4.81(f)]) (Amended,
                      eff. 1/1/09)
       Rule 4.81.8    Private Professional Conservators (Adopted, eff 7/1/2004) (Amended, eff.
                      1/1/09)
       Rule 4.81.9    Waiver of Bond (Adopted, eff 7/1/2004 [formerly Rule 4.81(e)])
       Rule 4.81.10   Request for Dementia Powers (Adopted, eff 7/1/2004 [formerly Rule 4.81(b)])
                      (Amended, Eff. 1/1/2008)
       Rule 4.81.11   Visits to the Conservatee (Adopted, eff 7/1/2004)
       Rule 4.81.12   Medical Consent Authority (Adopted, eff 7/1/2004)
       Rule 4.81.13   Exclusive Authority to Give Medical Consent (Adopted, eff 7/1/2004)
       Rule 4.81.14   Inventory and Appraisement (Adopted, eff 7/1/2004)
       Rule 4.81.15   Independent Powers – Sale of Real Property and of Conservatee’s Residence
                      (Adopted, eff 7/1/2004 [formerly Rule 4.81(j) and (k)])(Amended, Eff. 7/1/2008)
       Rule 4.81.16   Waivers of Account (Adopted, eff 7/1/2004 [formerly Rule 4.81(h)(2)])
                      (Amended, eff. 7/1/2006)
       Rule 4.81.17   Accounts and Reports (Adopted, eff 7/1/2004 [formerly Rule 4.81(h)(1)])
                      (Amended, Eff. 1/1/2008)
       Rule 4.81.18   Confidential Status Report (Adopted, eff 7/1/2004 [formerly Rule 4.81(h)(1)])
                      (Amended, eff. 7/1/2006)
       Rule 4.81.19   Disclosure of Fees for Private Professional Conservators (Adopted, eff 7/1/2004)
       Rule 4.81.20   Death of Conservatee (Adopted, eff 7/1/2004 [formerly Rule 4.81(l)])
       Rule 4.81.21   Time for Allowing Compensation (Adopted, eff 7/1/2004 [formerly Rule 4.86])

List of Currently Effective Rules             - vii -                            Revised 7/1/2008
Superior Court of California, County of San Mateo

       Rule 4.81.22    Obtaining Final Discharge (Adopted, eff 7/1/2004 [formerly Rule 4.81(m)])
       Rule 4.82       Substituted Judgment (Eff. 7/1/96)(Amend Eff 1/1/2000, Eff. 7/1/2004)

CHAPTER 13. COMMISSIONS AND FEES

       Rule 4.83       Statutory Compensation in Decedent's Estates (Eff. 7/1/96)
       Rule 4.84       Compensation for Extraordinary Services in Decedents' Estates
                               (Eff. 7/1/96)
       Rule 4.85       Compensation Conservators and Their Attorneys (Eff. 7/1/96) (Amended Eff
                       7/1/2003, Eff. 7/1/2004, Eff. 7/1/2008)
       Rule 4.86       Time for Allowing Compensation (Eff. 7/1/96)
       Rule 4.87       REPEALED Procedure (Eff. 7/1/96) (Repealed, eff 7/1/2004)
       Rule 4.88       Court Investigation Assessments (Eff. 7/1/96) (Amended Eff 7/1/2003)
                       (Amended, eff 7/1/2004)
                       APPENDIX A to Chapter 13 (Eff. 7/1/96)


CHAPTER 14. TRANSACTIONS INVOLVING INCOMPETENT SPOUSE.
     Rule 4.89   Prior Court Approval is required for any Action Specified In Section 3100, et
                 seq. (Eff 1/1/2000) (Amended, eff 7/1/2004)


CHAPTER 15 TRUSTS

       Rule 4.90       Trustee’s Accounts (Adopted, eff 7/1/2004)
       Rule 4.91       Notice to Beneficiaries (Adopted, eff 7/1/2004)
       Rule 4.92       Compensation of Trustees and Attorneys for Trustees (Adopted, eff 7/1/2004)
       Rule 4.93       Trusts Established Before Distribution of Probate Estate (Adopted, eff 7/1/2004)
       Rule 4.94       Trusts Created Pursuant to Court Order (Adopted, eff 7/1/2004)
       Rule 4.95       Fees for Public Guardian and County Counsel (Adopted, eff 7/1/2004)
       Rules 4.96 through 4.99 RESERVED
       Rule 4.100      Independent Counsel (Adopted, eff 7/1/2004)


DIVISION V - FAMILY LAW DEPARTMENT AND FAMILY COURT SERVICES

       Rule 5.1        Applicability of Rules ( Eff. 1/1/2000)(Amended, Eff 1/1/2004)
       Rule 5.2        Court Locations ( Eff. 1/1/2000) (Amended, Eff 1/1/2004)
       Rule 5.3        Matters Heard in Family Law Department ( Eff. 1/1/2000)
       Rule 5.4        Case Flow Management ( Eff. 1/1/2000)(Amended Eff 1/1/2003)
                       (Amended Eff 7/1/2003, Eff 1/1/2004) (Amended 1/1/2005) (Amended, Eff
                       1/1/07) (Amended, eff. 1/1/09)
       Rule 5.5        RENUMBERED [Ex Parte Orders] (Eff. 1/1/2000)(Renumbered as Rule 5.6,
                       Eff. 1/1/2004)
       Rule 5.5        Alternative Dispute Resolution (Eff. 1/1/2004)(Amended, effective 7/1/2004)
       Rule 5.6        RENUMBERED [Order to Show Cause and Notice of Motion Rules] (Eff.
                                1/1/2000)(Renumbered as Rule 5.7, Eff 1/1/2004)
       Rule 5.6        Ex Parte Orders (Renumbered-formerly Rule 5.5 and Amended eff. 1/1/2004,)
                       (Amended, Eff 1/1/07) (Amended, Eff. 1/1/2008)(Amended, eff 7/1/2008)
       Rule 5.7        RENUMBERED [Declarations of Disclosure, Income and Expense
                       Declarations, And Tax Returns] ( Eff. 1/1/2000)(Renumbered as Rule 5.11, Eff.
                       1/1/2004)


List of Currently Effective Rules              - viii -                            Revised 7/1/2008
Superior Court of California, County of San Mateo

       Rule 5.7       Order to Show Cause and Notice of Motion Rules (Renumbered-formerly Rule
                      5.6, eff 1/1/2004) (Amended 1/1/2005) (Amended, Eff 1/1/07)
       Rule 5.8       REPEALED [Short Cause Trials] (Eff. 1/1/2000) (Repealed and Incorporated
                      into new Rule 5.8, Eff 1/1/2004) (Amended, eff. 1/1/09)
       Rule 5.8       Trial Setting, Status Conference, and Mandatory Settlement Conference Rules
                      (Adopted, eff. 1/1/2004) (Amended 1/1/2005) (Amended 7/1/2005) (Amended,
                      Eff 1/1/07) (Amended, Eff. 1/1/2008)
       Rule 5.9       REPEALED [Long Cause Trials] ( Eff. 1/1/2000) (Repealed and Incorporated
                      into new Rule 5.8, Eff 1/1/2004)
       Rule 5.9       Judgment by Default or Uncontested Hearing (Adopted, eff
                      1/1/2000)(Renumbered-formerly Rule 5.13 and Amended, eff. 1/1/2004)
       Rule 5.10      RENUMBERED [Family Support Division Matters] (Eff. 1/1/2000)
                      (Renumbered as Rule 5.12, Eff. 1/1/2004)
       Rule 5.10      Preparation of Orders After Hearing and Judgments (Renumbered- formerly Rule
                      5.14 and Amended, eff. 1/1/2004)
       Rule 5.11      RENUMBERED [Family Court Services) ( Eff. 1/1/2000) Renumbered as Rule
                      5.13, Eff. 1/1/2004)
       Rule 5.11      Declarations of Disclosure and Financial Information to be Provided
                      (Renumbered- formerly Rule 5.7 and Amended, eff. 1/1/2004)
       Rule 5.12      RENUMBERED. [Appointment of Counsel for Child] (Eff. 1/1/2000)
                      (Renumbered as Rule 5.14, Eff. 1/1/2004)
       Rule 5.12      Department of Child Support Services (Adopted, eff. 1/1/2004) (Renumbered-
                      formerly Rule 5.10 and Amended, eff. 1/1/2004)
       Rule 5.13      RENUMBERED [Judgment by Default or Uncontested Hearing] ( Eff.
                      1/1/2000)(Renumbered as Rule 5.9 and Amended, eff. 1/1/2004)
       Rule 5.13      Family Court Services (Adopted, eff. 1/1/2000)(Renumbered- formerly Rule 5.11
                      and Amended, eff. 1/1/2004) (Amended 1/1/2005) (Amended eff 1/1/2006)
       Rule 5.14      RENUMBERED [Preparation of Orders After Hearing and Judgments] ( Eff.
                      1/1/2000)(Renumbered as Rule 5.10 and Amended, eff. 1/1/2004)
       Rule 5.14      Appointment of Counsel for Child (Adopted, eff 1/1/2000)(Renumbered-
                      formerly Rule 5.12 and Amended, eff. 1/1/2004)
       Rule 5.15      Family Law Facilitator’s Duties (Eff. 1/1/2000)(Amended, eff. 1/1/2004)
       Rule 5.16      Coordination of Court Proceedings and Sharing of Case Information Involving
                      Minors
                      A.       Coordination and Determination of Forum
                      B.       Confidentiality of Minor’s Information
                               (Eff 7/1/2007)
       Rule 5.16.1    Information Sharing Protocol Between And Among the Court and Department Of
                      Children & Family Court Services (DCFS), Family Court Services (FC), Probate
                      Court Investigators (PCI), Family Law Facilitator (FLF), District Attorney’s
                      Violent Crime Unit (VC), And Juvenile Probation Officers (JPO) Staff.
                               (Eff 7/1/2007) (Amended, Eff. 1/1/2008)
       Rule 5.16.2    Juvenile Dependency Action Causing Suspension of Related Proceedings
                               (Eff 7/1/2007)
       Rule 5.16.3    Juvenile Court Modification of Related Non-Juvenile Court Orders
                               (Eff 7/1/2007)
       Rule 5.16.4    Juvenile Court Exit Orders
                               (Eff 7/1/2007)
       Rule 5.16.5    Family Court Modification of Juvenile Court Orders
                               (Eff 7/1/2007)

               Appendix 1     ( Eff. 1/1/2004)
               Appendix 2     ( Eff. 1/1/2004)

List of Currently Effective Rules                - ix -                        Revised 7/1/2008
Superior Court of California, County of San Mateo

               Appendix 3     ( Eff. 1/1/2000)
               Appendix 4     ( Eff. 1/1/2000)
               Appendix 5     ( Eff. 1/1/2000)


DIVISION VI - OTHER SPECIAL DEPARTMENTS AND CALENDARS

CHAPTER 1. DEFAULT CALENDAR

       Rule 6.1       Hearing in Uncontested Matters (Eff. 7/1/96)
       Rule 6.1.1     Attorneys Fees in Actions on Promissory
                      Notes and Contracts Providing for Payment
                      Of Attorney Fees (Eff. 7/1/96)
                              Court Schedule of Attorney Fees (Eff. 7/1/96)

CHAPTER 2. JUVENILE DEPARTMENT

       Rule 6.2       Hearings (Eff. 7/1/96)
       Rule 6.3       Attorneys for Parties in Dependency Proceedings (Eff. 7/1/96) (Amended, Eff
                      1/1/07)
       Rule 6.4       Absence of Juvenile Court Judge (Eff. 7/1/96)

CHAPTER 3. LPS CALENDAR

       Rule 6.5       LPS Calendar Department (Eff. 7/1/96)

CHAPTER 4. NORTHERN DEPARTMENT

       Rule 6.6       Sessions (Eff. 7/1/96)
       Rule 6.7       Matters that May be Heard (Eff. 7/1/96)
       Rule 6.8       Northern District (Eff. 7/1/96)
       Rule 6.9       Basis for Establishing Northern District Venue (Eff. 7/1/96)
       Rule 6.10      Procedure for Obtaining Northern District Venue (Eff. 7/1/96)
       Rule 6.11      Transfer from Northern Department (Eff. 7/1/96)
       Rule 6.12      Filing of Papers and Keeping Records of Northern
                      Department (Eff. 7/1/96)


DIVISION VII - PRETRIAL PROCEEDINGS IN CLASS ACTIONS

       Rule 7.1       Introduction (Eff. 7/1/96)
       Rule 7.2       Issues Subject to Pretrial Determination (Eff. 7/1/96)
       Rule 7.3       Caption of Pleadings (Eff. 7/1/96)
       Rule 7.4       Pretrial Proceedings (Eff. 7/1/96)
       Rule 7.5       Notice to Public Entity or Official (Eff. 7/1/96)
       Rule 7.6       Class Action Order (Eff. 7/1/96)
       Rule 7.7       Early or Separate Trial (Eff. 7/1/96)
       Rule 7.8       Certificate of Readiness (Eff. 7/1/96)
       Rule 7.9       Settlement of Class Claims (Eff. 7/1/96)
       Rule 7.10      Retention of Jurisdiction (Eff. 7/1/96)
       Rule 7.11      Dismissals (Eff. 7/1/96)



List of Currently Effective Rules                -x-                            Revised 7/1/2008
Superior Court of California, County of San Mateo

DIVISION VIII - -APPOINTMENT OF SPECIAL MASTERS AND REFEREES FOR THE
      HANDLING OF COMPLEX CASES - SUPERIOR COURT

       Rule 8.1        Power to Appoint (Eff. 7/1/96)
       Rule 8.2        Definition (Eff. 7/1/96)
       Rule 8.3        Identification
       Rule 8.4        Appointment of Special Master or Referee (Eff. 7/1/96)
       Rule 8.5        Supervision of Special Master or Referee (Eff. 7/1/96)
       Rule 8.6        Duties of Special Master or Referee (Eff. 7/1/96)
       Rule 8.7        Court Order (Eff. 7/1/96)
       Rule 8.8        Trial Judge (Eff. 7/1/96)
       Rule 8.9        Special Master Additional Powers (Eff. 7/1/96)
       Rule 8.10       Copies of Orders and Referee Reports (Eff. 1/1/2002) (REPEALED, Eff
                       1/1/2005)

                               [Note: Division VIII pages renumbered effective. 7/1/05]


DIVISION IX - CRIMINAL DEPARTMENT

       Rule 9.1        Pretrial Motions in Criminal Cases (Eff. 7/1/96)
       Rule 9.2        Sentencing (Eff. 7/1/96)
       Rule 9.3        Continuances (Eff. 7/1/96)
       Rule 9.4        Written Arraignments (Eff. 7/1/96) (Amended Eff 7/1/2003)
       Rule 9.5        REPEALED - Investigative Reports - Discovery (Eff. 7/1/96)(Eff. 1/1/2003)
       Rule 9.6        Preparation of Reporter’s Transcript on Appeal in Criminal Cases (Eff. 7/1/96)
                       (Amended, Eff 1/1/07)
       Rule 9.7        Trial by Declaration for Traffic Infractions (Eff. 1/1/98)
       Rule 9.8        Confidentiality Of Victim Or Witness Information In Law Enforcement, Arrest
                       Or Investigative Reports [Penal Code §964(C)] (Adopted, effective 7/1/05)
       Rule 9.9        Traffic Pre-Trial Discovery Motions (Adopted, eff. 7/1/2006)
       Rule 9.10       Local Criminal Felony and Misdemeanor Bail Schedules (Adopted, eff.
                       1/1/2008)


DIVISION X - JUDICIAL ARBITRATION FOR CIVIL CASES

       Rule 10.1       Judicial Arbitration for Civil Cases (Eff. 7/1/96) (Amended 1/1/2005) (Amended,
                       Eff 1/1/07)
       Rule 10.2       Voluntary Arbitration (formerly Rule 11.6) (Adopted, eff. 1/1/09)


DIVISION XI - CIVIL RULES
                   [Note: Title of Section revised, effective 7/1/05]

       Rule 11.1       Motions and Notice of Motions (Eff. 7/1/96) (Repealed, eff. 1/1/2008)
       Rule 11.2       Information Forms for Data Processing (Eff. 7/1/96)
       Rule 11.3       Long-Cause, Prearbitration, Settlement and Trial Setting (Eff. 7/1/96) (Amended,
                       Eff 1/1/07)
       Rule 11.4       Civil Case Assignment (Eff. 1/1/97)
       Rule 11.5       Juries: Fees and Demands (Eff. 7/1/96) (Amended, eff. 1/1/09)
       Rule 11.6       Voluntary Arbitration (Eff. 7/1/96) (Repealed (Renumbered), eff. 1/1/09)
       Rule 11.7       Summary Judgment Motions - Form of Motion (Eff. 7/1/96)

List of Currently Effective Rules              - xi -                             Revised 7/1/2008
Superior Court of California, County of San Mateo

       Rule 11.8      Summary Adjudication Motions -- Form of Motion (Eff. 7/1/96)
       Rule 11.9      Summary Judgment/Adjudication Motions - Form of Opposition
                      Separate Statement (Eff. 7/1/96)
       Rule 11.10     Summary Judgment /Adjudication Motions - Format of Evidence
                      (Eff. 7/1/96)
       Rule 11.11     Summary Judgment/Adjudication Motions - Opposition on
                      Ground of Unavailability of Evidence (Eff. 7/1/96)
       Rule 11.12     Summary Judgment/Adjudication Motions -Proposed Order
                      Denying Motion(s) (Eff. 7/1/96)
       Rule 11.13     Summary Judgment/Adjudication Motions -Objection to Evidence
                      (Eff. 7/1/96)
       Rule 11.14     Summary Judgment/Adjudication Motions -Form of Written
                      Objections to Evidence (Eff. 7/1/96)
       Rule 11.15     Summary Judgment/Adjudication Motions -Sanctions (Eff. 7/1/96)
       Rule 11.16     Delay Reduction Policy and Standards (Eff. 7/1/96)
       Rule 11.17     General Civil Delay Reduction Procedural Rules (Eff. 7/1/96) (Amended, Eff
                      1/1/07) (Repealed, eff. 1/1/09)
       Rule 11.18     Continuances (Eff. 7/1/96) (Amended, Eff 1/1/07)
       Rule 11.19     Required action (Eff. 7/1/96)
       Rule 11.20     Failure to Comply with Delay Reduction Rules (Eff. 7/1/96)
       Rule 11.21     Unlawful Detainer (Eff. 7/1/96)
       Rule 11.22     Pro-Tem Judges (Eff. 7/1/96)




List of Currently Effective Rules            - xii -                           Revised 7/1/2008
Superior Court of California, County of San Mateo

                    SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
                                   LOCAL COURT RULES
                                 EFFECTIVE JANUARY 1, 2009

                                                    ALPHABETICAL INDEX

APPELLATE DEPARTMENT
-Applications and Motions, 106
- Appointed Counsel in Misdemeanor Appeals, 104
- Briefs, 104
- Decisions, 105
- Extensions and Relief from Default, 106
- Notice of Appeal
      - Jurisdiction, 101
      - Motion to Dismiss, 101
      - Filing Fees, 101
- Oral Argument, 105
- Record on Appeal, 103
- Rehearing and/or Certification, 106
- Stay Orders, 101
- Writs, 107

APPOINTMENT OF SPECIAL MASTERS AND REFEREES FOR THE HANDLING OF
COMPLEX CASES - SUPERIOR COURT
-Appointment of Special Master or Referee, 800
-Court Order, 801
-Copies of Orders and Referee Reports, Repealed 802
-Definition, 800
-Duties of Special Master or Referee, 801
-Identification, 800
-Power to Appoint, 800
-Referee Reports (repealed), 802
-Special Master Additional Powers, 801
-Supervision of Special Master or Referee, 800
- Trial Judge, 801

ARBITRATION – PRIVATE
-Stipulation and Order to ADR, filing of, 206
-Stipulation to Arbitration, 205
- Voluntary Arbitration, 1001

LOCAL BAIL SCHEDULES – ADOPTION
- Procedures for adoption of local misdemeanor and felony bail schedules, 903

CALENDAR MANAGEMENT
-Trial Date Settlement Conferences, 209
-Refund of Jury Fees: Duty to notify Court, 212

CASE FLOW MANAGEMENT
-Case Management Conference, CourtCall Telephonic Appearances, 204
-Judicial Council Case Management Statement, filing of, 202, 205
-New Case Management, 201
-Orders to Show Cause re: Dismissals, 207
-Settlement Conferences, 207, 208
Alphabetical Index                                         -i-                  Revised 1/1/2009
Superior Court of California, County of San Mateo

-Stipulations to Arbitration, 205

CIVIL LAW AND MOTION - SUPERIOR COURT
-Application, 300
-Continuances and Taking Matters Off Calendar, 301
-CourtCall Telephonic Appearances, 302
-Declarations and Affidavits, 300
-Evidence at Hearing, 302
-Ex Parte Applications and Orders, 304
-Forms of Papers, 300
-In Limine Motions, 213
-Judicial Notice, 301
-Law and Motion Calendars, 300
-List of Parties, 301
-Motions After Trial, 303
-Motions for Summary Judgment and Summary Adjudication, 302
-Motions to Continue Arbitration, 303
-Motions to Reconsider, 304
-Notice of Hearing and Filing of Papers, 301
-Opposition on Ground of Unavailability of Evidence, 302
-Points and Authorities, 300
-Tentative Rulings, 301
-Trial Motions, Briefs, Statements and Witness Lists, 212
-Unlawful Detainers, 303

CIVIL RULES -LIMITED JURISDICTION
-Civil Case Assignment, 1101
-Continuances, 1105
-Delay Reduction Policy and Standards, 1103
- Failure to Comply with Delay Reduction Rules, 1106
-General Civil Delay Reduction Procedural Rules, 1104
-Information Forms for Data Processing, 1100
-Juries: Fees and Demands, 1102
-Long-Cause, Prearbitration, Settlement and Trial Setting, 1100
-Pro-Tem Judges, 1106
-Required action, 1106
-Unlawful Detainer, 1106
-Voluntary Arbitration, 1102

COMPLEX CASE DESIGNATION
- Application to Designate or Counter-Designate, 214
- Decision by Presiding Judge on Complex Case Designation, 213
- Determination of Designation of Case as Complex, 213
- Motion to Designate Case as Complex, 215
-Non-Complex Counter Designation, 214
- Notice, 215
- Pilot Program; Sunset Provision (repealed), 215
- Provisional Designation, 213
- Presiding Judge’s Continuing Power, 215
-Representation to the Court, 215

COURT MANAGEMENT - General Rules
-Court Designation, Caption, 4
-Family Law Rules, 212
Alphabetical Index                                  - ii -        Revised 1/1/2009
Superior Court of California, County of San Mateo

-Required Action, 212
-Interpreters and Translators, 212
-Security, 3

COURT ORGANIZATION
-Adoption and Amendment of Rules - Intro, 3
-Civil Appeals Fees - Intro, 4
-Court Consolidation and Coordination - Intro, 4
-Court Designation/Caption – Intro, 4
-Court Security - Intro,3
-Sanctions - Intro, 3
-Standing Orders - Intro, 4

CRIMINAL DEPARTMENT
-Confidentiality Of Victim Or Witness Information In Law Enforcement, Arrest Or Investigative Reports
   [Penal Code §964(C)] 901
-Continuances, 900
-Investigative Reports – Discovery (Repealed), 901
-Preparation of Reporter's Transcript on Appeal in Criminal Cases, 901
-Pretrial Motions in Criminal Cases, 900
-Sentencing, 900
-Trial by Declaration for Traffic Infractions, 901
-Written Arraignments, 901


FAMILY LAW DEPARTMENT AND FAMILY COURT SERVICES
-Alternative Dispute Resolution, 502
-Applicability of Rules, 500
-Appointment of Counsel for Child, 524
-Case Assigned, 501
-Case Assignment to Commissioner, 502
-Child Support Division Matters, 519
-Confidentiality of Minor’s Information, 526
-Coordination of Court Proceedings-Policy, 525
-Consolidated Case, 502
-Continuances, 507
-Court Locations, 500
-Court Ordered Private Child Custody Evaluation, 523
-Declarations of Disclosure, Income and Expense Declarations, and Tax Returns, 517
-Exchange of Documents, 526
-Ex Parte Orders, 502, 503
-Family Court Orders Modified by Juvenile Court, 527
-Family Court Services, 520
-Family Law Facilitator’s Duties, 524
-Initial Calendaring, 506
-Information Sheet-Mediation and Evaluation Service Form, Appendix 3, 531
-Judgment by Default or Uncontested Hearing, 515
- Juvenile Court Exit Orders- Impact of, 528
- Juvenile Court Orders Modified by Family Court, 528
- List of Proposed Exhibit form, Appendix 5, Attachment A, 536
-List of Witnesses, Appendix 5, Attachment B, 537
-Long Cause Trials, 515
-Long Cause Trial Rules Check List, Appendix 5, 535
-Mandatory Settlement Conference Statement form (former Pre-Trial Statement), Appendix 2, 529
Alphabetical Index                                  - iii -                         Revised 1/1/2009
Superior Court of California, County of San Mateo

-Mandatory Short Cause Trial Statement Form, Appendix 4, 533
-Matters Exceeding 20 Minutes-transfer, 507
-Matters Heard in Family Law Department, 500
-Mediation, 520
-Notice of ADR Options, 540-Notice of Motions in Limine form, Appendix 5, Attachment C, 538
-Notice of Assignment, 501
-Objections to Exhibit of Petitioner/Respondent form, Appendix 5, Attachment D, 539
-Order to Show Cause and Notice of Motion Rules, 506
-Preparation of Orders After Hearing and Judgments, 516
-Presentation of Evidence, 509
-Sharing of Case Information Between Court Divisions and Other Agencies, 526
-Short Cause Trials, 510
-Status Conference Statement Form, Appendix 1, 526
-Suspension of Family and Probate Court Proceedings Caused by Juvenile Court Action, 527
-Time Limits, 507
-Trial Setting, Status Conference and Mandatory Settlement Conference, 510

FORM AND SERVICE OF PAPERS
-California Environmental Quality Act, 200
-Documents Produced Through Non Party, 200
-Form of Papers Presented for Filing, 200, 300
-Transfer of Court-Related Functions of the County Clerk to the Superior Court, 200
- Probate Forms, 404

INTERPRETERS
-Interpreters and Translators, 212

JUDICIAL ARBITRATION FOR CIVIL CASES
-Judicial Arbitration for Civil Cases, 1000

JURY INSTRUCTIONS
-Changing Jury Instructions, 211
-Duty of Counsel with Respect to Jury Instructions, 210
-Form of Proposed Jury Instructions (CCP §§607a, 609, CRC 2.1055), 210
-Jury Instruction Conference, 211
-Length of Jury Service, 210
-Proposed Jury Instructions, 210
-Submitting Proposed Jury Instructions, 210

JURY RULES
-Length of Jury Service, 210
-Refund of Jury Fees – Duty to Notify Court, 211

JUVENILE COURT PROCEEDINGS IMPACT ON FAMILY OR PROBATE
PROCEEDINGS
-   Confidentiality of Minor’s Information, 526
-   Coordination of Court Proceedings-Policy, 525
-   Exchange of Documents, 526
-   Juvenile Court Exit Orders, 528
-   Juvenile Court Orders Modified by Family Court, 528
-   Related Non-Juvenile Court Orders Modified by Juvenile Court, 527
-   Sharing of Case Information Between Court Divisions and Other Agencies, 526
-   Suspension of Family and Probate Court Proceedings Caused by Juvenile Court Action, 527

Alphabetical Index                                  - iv -                            Revised 1/1/2009
Superior Court of California, County of San Mateo

MINORS ACTIONS COORDINATION
-   Confidentiality of Minor’s Information, 526
-   Coordination of Court Proceedings-Policy, 525
-   Designation of Staff for Information Access, 526
-   Exchange of Documents, 526
-   Juvenile Court Exit Orders, 528
-   Juvenile Court Orders Modified by Family Court, 528
-   Related Non-Juvenile Court Orders Modified by Juvenile Court, 527
-   Sharing of Case Information-Policy, 525
-   Sharing of Case Information Between Court Divisions and Other Agencies, 526
-   Suspension of Family and Probate Court Proceedings Caused by Juvenile Court Action, 527

PRETRIAL PROCEEDINGS IN CLASS ACTIONS
-Caption of Pleadings, 701
-Certificate of Readiness, 702
-Class Action Order, 702
-Dismissals, 703
-Early or Separate Trial, 702
-Introduction, 700
-Issues Subject to Pretrial Determination, 700
-Notice to Public Entity or Official, 702
-Pretrial Proceedings, 701
-Retention of Jurisdiction, 703
-Settlement of Class Claims, 703

PRIVATE FIDUCIARIES AS GUARDIANS, CONSERVATORS, TRUSTEES
- Listing, 436
- Qualifications, 435


PROBATE DEPARTMENT

- Accounts In General, 419

- Appointment of Executors and Administrators: Proof of Wills
       - Appointment of Special Administrator, 407
       - Attachment 9 to Petition for Probate, 408
       - When Bond of Special Representative Not Require, 411
       - Bond Modification, 412
       - Foreign Wills, 407
       - Holographic Wills, 407
       - Lost or Destroyed Wills, 410
       - Notice Requirements, 408
       - Petition for Probate of Will and Letters of Administration, 407
       - Proof of Wills, 410
       - Publication, 410
       - Renunciations and Declinations to Act, 410
       - Service of Notice, 409
       - Nonresident Executors or Administrators, 412
       - Reducing Bond Through Use of Depository, 412

-Appropriate Dispute Resolution, 400
       - Referral Procedures, 400
       - Stipulation to, 400
Alphabetical Index                                  -v-                              Revised 1/1/2009
Superior Court of California, County of San Mateo



- Bonds
          - Borrowing Money, Bond Requirement, 424
          - Independent Power to Sell Property, 411
          - Modification, 412
          - Non-Resident Executors or Administrators, bond requirement, 412
          - Reducing Bond, 412
          - Sale of Real Property, 412
          - Separate Bonds for Individuals, 411
          - Statement of Waiver in Petition, 411
          - Sufficiency of Bond, Inventory and Appraisal, 413
          - Temporary Conservatorship, 425
          - Two or More Personal Representatives, 411
          - Waiver of Bond in Conservatorships, 438
          - When Bond of Special Representative is Not Required, 411
          - Withdrawing Funds from Blocked Account, Impact on Bond, 412

-Claims
          - Approval by the Court, 414
          - Claims of Personal Representatives and Reimbursement to Personal Representatives
                    and Their Attorney 415
          - Compromise of Claims, 415
          - Filing and Listing Claims, 414
          - Funeral and Interment Claims, 414
          - Nature and Form of Claims, 414
          - Commissions And Fees, 444
          - Compensation for Extraordinary Services in Decedents' Estates, 444
          - Compensation for Conservators and Their Attorneys, 444
          - Court Investigation Assessments, 445
          - Prior Court Approval is Required for Any action Specified in Section 3100, et seq., 447
          - Public Guardian Fees, 452
          - Rules for Determining Commissions on Sale of Real Property (Appendix A), 448
          - Statutory Compensation in Decedent's Estates , 444
          - Trusts, Fees for Public Guardian and County Counsel, 452
          - Time for Allowing Compensation, 445

- Confidential Financial Statements, 441
        - Lodging of, 441

- Conservatorships
        - Accounts and Reports (Probate Code 2620, 1061-1063), 441
        - Address, Notification of change, 437
        - Confidential Status Report, 441
        - Conservatorships, 434
        - Conservators or Trustees Qualifications, 435
        - Continuances, 400
        - Continuing Education, 437
        - Death of Conservatee, 442
        - Dementia, Request for Powers, 438
        - Distribution of Estate to Persons under Conservatorship, 421
        - Final Discharge, Obtaining of, 442
        - General Plan, development of, 437
        - Independent Counsel, Appointment of, 453
        - Independent Powers, 439
Alphabetical Index                                  - vi -                                Revised 1/1/2009
Superior Court of California, County of San Mateo

          - Inventory and Appraisement, 439
          - Letters of Conservatorship of the Estate, 437
          - Medical Consent Authority, 439
                   - Exclusive Authority, 439
          - Notice Requirements, 435
          - Petition for Appointment, 434
          - Private Professional Conservators, 436, 437
                   - Disclosure of Fees, 441
          - Professional Fiduciary as Conservators Qualifications (formerly Friends of the Court), 435
          - Sale of Conservatee Residence, Independent Powers, 439
          - Special Requirements on Appointment or Termination, 436
          - Substituted Judgment, 442
          - Temporary Conservatorships, 425
          - Time for Allowing Compensation, 442
          - Trusts, Creation of, 451
          - Visits to the Conservatee, 439
          - Waiver of Accounts, 440
          - Waiver of Bond, 438

- Dementia, Request for Powers, 438

-Distribution of Probate Estate
        - Agreements for Distribution of Assets, 421
        - Allegation re Character of Assets, 420
        - Allegations re Heirs of Predeceased Spouse When Decedent Dies Intestate, 420
        - Asset Distribution, 420
        - Assignment of Assets, 420
        - Description of Assets, 419
        - Distribution to Intestate Heirs, 421
        - Distribution to Minors, 421
        - Distribution to Persons Under Conservatorship or Guardianship, 421
        - Distribution to Representative of Deceased Heir or Beneficiary, 421
        - Interest on General Pecuniary Legacies, 421
        - Preliminary Distribution Under Section 11621, 422
        - Requirements re Final Distribution, 421
        - Tax Procedures re Final Distribution, 423

-Guardianships
       - Accounts and Reports, 432
       - Addresses, updating and relocation, 430
       - Alternative Guardian, 429
       - Compromise of Claims, 433
       - Continuance of Matters, 400
       - Discharge, 432
       - Disposition of Minor's Funds (Sections 3410-3413), 433
       - Distribution of Estate to Persons Under Guardianship, 421
       - Factors to be Addressed in Guardianship Investigative Reports, 429
       - Fees for Guardian and for Attorney for Guardian, 432
       - Guardian’s Compliance with Local Rules, 429
       - Guardianships, 425
       - Hearing Dates on Petition, 427
       - Investigation of Guardianship and Filing of Reports, 429
       - Juvenile and Family Court Proceedings Impact – Coordination of Actions, 525
       - Multiple Wards, 428
Alphabetical Index                                  - vii -                              Revised 1/1/2009
Superior Court of California, County of San Mateo

          - Order Appointing Guardian, 430
          - Petitions for General Guardianship, 425
          - Personal Appearance, 428
          - Proof of Service of the Notice of Hearing, 428
          - Qualifications, 435
          - Review of Guardianship, 430
          - Service of Documents, 428
          - Temporary Guardianships, Emergency Situations, 431
          - Use of Minor's Assets for Support, 432

- Hearings
        - Advancing Hearing Dates / Orders Shortening Time, 401
        - Appearance, 403
        -Continuance, 400
        - Ex Parte Hearing on Appointment, 403
        - Hearing Schedule, 401
        - Length of Hearing, 402
        - Non-Appearance, 402
        - Petitions for General Guardianship, 426
        - Probate Calendar, 401
        - Telephonic Appearances, 401
        - Tentative Rulings, 400

- Independent Counsel, Appointment of, 451

-Inventory and Appraisement
        -Preparing Inventory and Appraisement, 413
        -Probate Referee Appointment, 413
        -Sufficiency of Bond, 413
        -Waiver of Appraisal by Referee, 413

-Judicial Council Forms, 404

- Licensed Guardians, filing of accounting statements, 441

-Miscellaneous Petitions and Orders
        -Borrowing Money (Sections 830-834), 424
        -Determining Title to Real or Personal Property (Section 9860), 423
        -Family Allowance (Sections 6540- 6545), 422
        -Obtaining Final Discharge, 424
        -Operating a Business (Sections 9800- 9807), 423
        -Proceedings to Establish Fact of Death (Sections 200-204), 424
        -Substitution or Withdrawal of Attorney, 423

- Notices
        - Defective Notices, 409
        - Noticing Requirements, For Administrators and Executors, 408
        - Publication, 410
        - Publication of Notice of Intention to Sell Real Property, 417
        - Requirements on Petitions for Conservatorship or Guardianship, 426, 434
        - Service of Notice, 409

-Organization and Administration
       - Appearance, by party or counsel, 403
Alphabetical Index                                  - viii -                        Revised 1/1/2009
Superior Court of California, County of San Mateo

           - Compliance with Local Rules – Sanctions, 401
           - Continuances
                    In Conservatorship and Guardianship Matters, 400
                    In Probate Matters Other Than Conservatorship and Guardianship Matters, 400
           - Ex Parte, 403
           - General Provisions, 400
           - Non-Appearance – Submitted on Verified Petition, 402
           - Noticing Requirements, 408
           - Tentative Rulings, 400
           - Verification, 405

- Pleadings and Document Formats
        - Caption, on documents and pleadings, 404
        - Judicial Council Forms, 405
        - Petition, types and format, 404
        - Verification, 405

- Private Professional Conservators (Formerly known as “Friends of the Court”)
         - Accounting Statements, filing of, 441
         - Certificate of Registration, 438
         - Continuing Education, 437
         - Disclosure of Fees, 442
         - Qualifications, 436
         - Procedures for Appointment, 434

- Referee, Appointment of, 413

-Sanctions, 401

-Sales
           - Allegations re Sufficiency of Bond, 413
           - Broker's Commissions, 418
           - Broker's Commissions in Overbid Situations, 418
           - Condominiums, Community or Cooperative Apartments, 416
           - Exclusive Listings for Sale of Property, 415
           - Judicial Approval, 415
           - Publication of Notice of Intention to Sell Real Property, 416
           - Return of Private Sale, 417
           - Securities, 416
           - Tangible Personal Property (Probate Code Sections 10250- 10264) , 416

- Special Administrator, Appointment of, 407

- Spousal Property Petition
        - Allegation in Support of Showing of Community Property, 405
        - Election of Surviving Spouse to Administer, 406
        - Fees, 406
        - Spousal Property Petition Filed with Petition for Probate, 406

- Trusts
           - Compensation of Trustees and Attorneys for Trustees, 449
           - Created Pursuant to Court Order, 450
           - Fees for Public Guardian and County Counsel, 451
           - Notice to Beneficiaries, 449
Alphabetical Index                                  - ix -                             Revised 1/1/2009
Superior Court of California, County of San Mateo

          - Trustee’s Accounts, 449
          - Trusts Established Before Distribution of Estate, 449

PROOFS OF SERVICE, 4

RECORDS - COURT
  - Public Access, 216
  - Public Access and Privacy, 216
  - Electronic Access, 216

SANCTIONS, 3

SPECIAL DEPARTMENTS AND CALENDARS DEFAULT CALENDAR
-Attorneys Fees in Actions on Promissory Notes and Contracts
        Providing for Payment Of Attorney Fees, 600
-Court Schedule of Attorney Fees, 601
-Hearing in Uncontested Matters, 600

-Juvenile Department
        -Absence of Juvenile Court Judge, 603
        -Attorneys for Parties in Dependency Proceedings, 602
        -Hearings, 602

-LPS Calendar
       -LPS Calendar Department, 604

-Northern Department
       -Basis for Establishing Northern District Venue, 604
       -Filing of Papers and Keeping Records of Northern Department, 606
       -Matters that May be Heard, 604
       -Northern District, 604
       -Procedure for Obtaining Northern District Venue, 605
       -Sessions, 604
       -Transfer from Northern Department, 605

STANDING ORDERS, 4

TRAFFIC
  -  Pre-Trial Discovery Motions, 902
  -  Trial by Declaration for Traffic Infractions, 901

TRANSLATORS
-Interpreters and Translators, 212

TRIAL MANAGEMENT
-Trial Management, 201

TRIAL PROCEDURES
-In Limine Motions, 213
-Production of Exhibits, 213
-Trial Motions, Briefs, Statements, and Witness Lists, 212


WRITS
Alphabetical Index                                  -x-                    Revised 1/1/2009
Superior Court of California, County of San Mateo

- Assigned Departments, 107
- Content and Format, 107
- Service, 107




Alphabetical Index                                  - xi -   Revised 1/1/2009
Superior Court of California, County of San Mateo

                     IMPORTANT INSTRUCTIONS FOR USING THESE RULES


1.      State Rules and Corresponding Local Rules

        The California Rules of Court are not printed as part of the San Mateo County local rules,
        but are considered incorporated within them. Proceedings in the Superior and Municipal
        Courts of San Mateo County are governed by the California Rules of Court as supplemented
        by these local rules. EACH LOCAL RULE MUST BE READ IN CONJUNCTION WITH
        THE CALIFORNIA RULES OF COURT (CRC).

2.      Page Numbers

        All page numbers are printed at the bottom center of the page. Numbers at the bottom left
        corner of any page are word processing codes and should be disregarded.

3.      Amendments

        Amendments adopted after July 1, 1996 will be issued as replacement pages and are to be
        inserted in this booklet according to the instructions provided with the amendments.

4.      Application

        Each rule shall be enforced in all departments to which the rule may apply, except as
        specifically modified or distinguished in the applicable division of these rules.

5.      Effective date

        The Rules of the Superior and Municipal Courts of San Mateo County have been
        restated, amended and adopted effective July 1, 1996.




Intro                                                  1                                  Revised 1/2007
Superior Court of California, County of San Mateo



                                                             INTRODUCTION

Rule 0.1        Adoption and Amendment of Rules......................................................................................... 3
Rule 0.2        Sanctions. . ............................................................................................................................... 3
Rule 0.3        Court Security . ........................................................................................................................ 3
Rule 0.4        Reserved
Rule 0.5        Civil Appeals Fees .................................................................................................................. 4
Rule 0.6        REPEALED [Court Consolidation and Coordination] .......................................................... 4
Rule 0.7        Court Designation/Caption ..................................................................................................... 4
Rule 0.8        Contents of Proof of Service .................................................................................................. 4
Rule 0.9        Standing Orders ...................................................................................................................... 4




Intro                                                                               2                                                         Revised 1/2007
Superior Court of California, County of San Mateo

                                                    INTRODUCTION

Rule 0.1 Adoption and Amendment of Rules

           (a) Each of these rules is effective as of the date stated in parentheses at the end of the particular
           rule.

           (b) No action taken in compliance with a rule of this court before it is amended or repealed shall
           be made invalid or ineffective by the subsequent amendment or repeal of that rule.

           (c) These rules may be amended by a majority of the judges of this court in accordance with
           state law.

                 (Adopted, effective July 1, 1996.)


Rule 0.2 Sanctions

         Failure to comply with any provisions of the Code of Civil Procedure, the California Rules of
Court, or any of these local rules may result in any or all of the following sanctions, on motion of a party
or on the court's own motion:

           (a) Dropping the matter from the calendar;

           (b) A fine paid to the Clerk of the Court by the responsible party or counsel;

           (c) Order for payment of reasonable costs and expenses, including attorney fees, to the
           opposing party;

           (d) Other sanctions authorized by CCP Section 575.2, GC 68608(b), CRC 2.30, infra or other
           law.

                 (Adopted, effective July 1, 1996.) (Amended, effective January 1, 2007)


Rule 0.3 Court Security

         The Sheriff is designated as the Court Security Officer, and is responsible to the Court for all
matters relating to security of courtrooms, buildings, and grounds. The Court Security Officer shall
prepare a Court Security Plan in accordance with California Rules of Court, Standards of Judicial
Administration, Section 7 which shall be reviewed annually by the judges. Pursuant to G. C. Section
26602 the sheriff shall ensure that all reasonable precautions are taken to maintain court security
including, but not limited to, searching of persons and their possessions for weapons and explosive
devices as allowed by law.

                 (Adopted, effective July 1, 1996.)(Amended, effective January 1, 1999)




Intro                                                        3                                       Revised 1/2007
Superior Court of California, County of San Mateo

Rule 0.4       Reserved.

                 (Adopted, effective July 1, 1996)

Rule 0.5 Civil Appeals Fees

         Pursuant to CRC 8.130, the reporter shall commence preparation of the transcript on appeal when
a notice of appeal from the Appellate Clerk is received and after deposit by appellant with the Appellate
clerk of a sum of $325.00 for each half day and $650.00 for each full day of trial included in the
reporter’s transcript on appeal. The actual fee for the transcript shall be set by statute.

                 (Adopted, effective July 1, 1996) (Amended, effective January 1, 2007)

Rule 0.6 Court Consolidation and Coordination

                 (Adopted, effective July 1, 1996) (Repealed, effective January 1, 2002)

Rule 0.7         Court Designation/Caption

           This Court shall be known as the “Superior Court of California, County of San Mateo”.

                 (Adopted, effective July 1,1996)(Amended, effective January 1, 2002)

Rule 0.8 Contents of Proof of Service

         When service is made by mail, Section 1013(a) of the Code of Civil Procedure provides the
language to be used in the proof of service. When service is by personal delivery (CCP 1011), the
declaration of service must be signed by the person who actually accomplished service. When service is
by FAX, CRC 2.306 must be complied with. A declaration which simply recites that the declarant
“caused the papers to be served” by handing them to a messenger is not adequate proof of service. In the
absence of opposition, a motion accompanied by a defective proof of service will be continued, placed off
calendar, or denied. The proof of service must show service on all parties who have appeared in the
action, not just the party to whom the motion is directed. (See CCP1014.)

                 (Adopted, effective July 1, 1996) (Amended, effective January 1, 2007)

Rule 0.9 Standing Orders

         All standing orders of the Superior Court shall be signed by the Presiding Judge, shall (unless
otherwise noted) specify each is in effect indefinitely until vacated or superseded by the Presiding Judge,
shall be numbered sequentially and filed chronologically by the Clerk in a special file marked “Standing
Orders”, shall be distributed to all judicial officers of the court and shall be published by the San Mateo
County Bar Association as an appendix to the Local Rules of the Superior Court at such times as the
Local Rules are published.

        Standing Orders that relate to Juvenile Court matters may be signed by the Presiding Judge of the
Juvenile Division on behalf of the Superior Court’s Presiding Judge. All other administrative
requirements, as stated above, shall also be applicable.

                     (Adopted, effective July 1, 1997) (Amended, effective January 1, 2003)




Intro                                                       4                                   Revised 1/2007
Superior Court of California, County of San Mateo

                                              DIVISION I
                            RULES ON APPEAL TO THE APPELLATE DEPARTMENT


                                 CHAPTER I. APPELLATE DEPARTMENT RULES


Rule 1.0        General Provisions ...........................................................................................................            100
                Appellate Division, Sessions, Jurisdiction
Rule 1.1        Notice of Appeal ..............................................................................................................           101
Rule 1.2        Stay Orders .......................................................................................................................       101
Rule 1.3        Appointed Counsel in Misdemeanor Appeals .................................................................                                103
Rule 1.4        Record on Appeal ............................................................................................................             103
Rule 1.5        Briefs ................................................................................................................................   104
Rule 1.6        Oral Argument .................................................................................................................           105
Rule 1.7        Decision ...........................................................................................................................      105
Rule 1.8        Applications and Motions ................................................................................................                 106
Rule 1.9        Extensions and Relief from Default .................................................................................                      106
Rule 1.10       Writs .................................................................................................................................   107




Div I – Table of Contents                                                            i                                                       Revised 1/1/2009
Superior Court of California, County of San Mateo

                    CALIFORNIA RULES OF COURT AS SUPPLEMENTED HEREIN,
                              GOVERN ALL LOCAL PROCEDURES

                                           DIVISION I
                         RULES ON APPEAL TO THE APPELLATE DEPARTMENT

                                   CHAPTER I. APPELLATE DEPARTMENT RULES


Rule 1.1 Sessions

        REPEALED (See new Rule 1.0(b)
          (Adopted, effective July 1, 1996) (Repealed, effective January 1, 2009)

Rule 1.2 Briefs

        REPEALED (See new Rule 1.5)
        (Adopted, effective July 1, 1996) (Repealed, effective January 1, 2009)

Rule 1.3 Decisions

        REPEALED (See new Rule 1.7)
        (Adopted, effective July 1, 1996) (Repealed, effective January 1, 2009)

Rule 1.4 Rehearing and Finality of Judgments

          REPEALED
        (Adopted, effective July 1, 1996) (Repealed, effective January 1, 2009)



1.0     GENERAL PROVISIONS

        (a) Appellate Division. Four judges are assigned to the Appellate Division by the Chairperson
        of the Judicial Council, and one of the four judges shall be designated as Presiding Judge of the
        Appellate Division.

        (b) Sessions. Regular sessions of the Appellate Division shall be held on the second Friday of
        each month at 2:00 p.m. in Courtroom 2M at the Hall of Justice and Records in Redwood City
        unless otherwise ordered. Special sessions may be called by the Presiding Judge of the Appellate
        Division.

        (c) Jurisdiction. The Appellate Division of the Superior Court has jurisdiction over all appeals
        arising from misdemeanor, infraction and limited civil cases in San Mateo County (except small
        claims appeals) and over all motions and petitions for stay in connection with such appeals. (Code
        Civ. Proc. (“CCP”) §77(e).)

        (d) A panel of three judges participates in each matter before the Appellate Division. The
        concurrence of at least two judges is required for a decision in any case. (CCP §§77(a), (b) and (d).)

        (e) The Appellate Division has jurisdiction over all petitions for writs of mandate, prohibition
        and review (certiorari) in any misdemeanor, infraction or limited civil case. (CCP §§1068(b),
        1085(b) and 1103(b).)


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Superior Court of California, County of San Mateo

        (f) Notwithstanding the above, appeals from convictions of traffic infractions are heard by one
        judge of the Appellate Division (C.C.P. § 77(h)).

                (Adopted, eff. Jan. 1, 2009)


1.1     NOTICE OF APPEAL

        (a) Jurisdiction. The Appellate Division has appellate jurisdiction only over cases in which a
        notice of appeal was timely filed. (Cal. Rules of Court (“CRC”) rules 8.751 (civil appeals) and
        8.782 (criminal appeals).)

        (b) Where filed. The notice of appeal shall be filed in the trial court from which the appeal is
        being taken. Unless specified otherwise in these rules or in the California Rules of Court, all
        subsequent filings shall be made with the Clerk of the Appellate Division.

        (c)     Late Filing/Motion to Dismiss.

                (1) Criminal cases. If a notice of appeal is filed late, the clerk will stamp it “Received
                (date) but not filed.” (CRC rule 8.782(a).) If a late notice of appeal is inadvertently filed, the
                Presiding Judge of the Appellate Division will dismiss the appeal without hearing, either on
                his or her own motion or on the motion of counsel.

                (2) Civil cases. Requests for relief from a late-filed notice of appeal or a motion to dismiss
                on grounds of a late-filed notice of appeal shall be filed with the Clerk of the Appellate
                Division. The requests and motions are ruled upon without hearing by the Presiding Judge of
                the Appellate Division.

        (d)     Filing Fees.

                (1)     Filing fees required by Government Code § 70621 shall be paid in the trial court.

                (2) For litigants who qualify, filing fees may be waived by the court. Applications for fee
                 waivers shall be filed in the trial court at the time of filing the notice of appeal or within ten
                 (10) days thereafter. (CRC Rules 8.750(c), (d).)

                (Adopted, eff. Jan. 1, 2009)


1.2     STAY ORDERS

        (a) Format of Papers. All papers filed in connection with stay applications shall comply with
        San Mateo County Superior Court Local Rules (“LCR”), rule 1.8, and CRC Rule 8.705.

        (b)     Civil Appeals.

                (1) Before Filing Notice of Appeal. Applications for stay orders filed before notice of
                appeal shall be filed in the trial court. (CCP § 918.)

                (2)     After Filing Notice of Appeal.

                        (A) Filing. Petitions for writ of supersedeas or requests for stay shall be filed with
                        the Clerk of the Appellate Division and shall comply with CRC rule 8.705(a).

Div I – Appellate Division Rules                              101                                      Revised 1/1/2009
Superior Court of California, County of San Mateo

                        (B) Service. Petitions for writ of supersedeas or requests for stay shall be served in
                        accordance with CRC rule 8.705(a) and shall be accompanied by proof of service at the
                        time of filing. Petitions, applications, and oppositions shall be filed and served pursuant
                        to LCR rule 1.8.

                        (C) Decision. Petitions for writ of supersedeas and requests for stay are ruled upon
                        without hearing by the Appellate Division, which may request that opposition papers
                        be filed before ruling. In appropriate cases, the matter may be set for oral argument.

                        (D)        Showing required.

                                   1)      A stay may be granted only on a showing of exceptional circumstances.

                                   2)     Petitions in unlawful detainer actions shall meet the requirements of CCP
                                          § 1176.

                        (E)        Ex parte proceedings.

                                   1)      Pending the Appellate Division’s ruling on a supersedeas petition or
                                   application for stay, a temporary stay may be granted by ex parte application
                                   upon a showing of good cause and upon the giving of notice to the opposing
                                   party in accordance with CRC Rules 3.1200 et seq.

                                   2)     Ex parte applications shall be filed with the Clerk of the Appellate
                                   Division, and are ruled upon without hearing.

        (c)     Criminal Appeals.

                (1)     Stay of Execution.

                        (A) An application for stay of execution shall first be made in the trial court, and, if
                         denied, may then be made in the Appellate Division. (See Penal Code § 1467; CRC
                         rule 8.312.)

                        (B) Applications for stay orders shall be filed with the clerk of the Appellate Division
                         and served on opposing counsel in accord with LCR Rule 1.8.

                        (C)        Applications for stay are ruled upon without hearing.

                (2)     Request for Bail Reduction on Appeal.

                        (A) An application for bail reduction shall first be made in the trial court, and, if
                         denied, may then be made in the Appellate Division. (Penal Code § 1272; CRC Rule
                         8.312(2).)

                        (B)        Applications for bail reduction are ruled upon without hearing.

                (3) Bonds on Appeal. All proceedings concerning bonds on appeal shall be brought in the
                 trial court.

                (Adopted, eff. Jan. 1, 2009)




Div I – Appellate Division Rules                                  102                                   Revised 1/1/2009
Superior Court of California, County of San Mateo

1.3     APPOINTED COUNSEL IN MISDEMEANOR APPEALS.

        (a) Right to Counsel. A defendant appealing a misdemeanor conviction who had appointed
        counsel at trial or who meets the standards for appointed counsel is entitled to appointed counsel on
        appeal. (CRC rule 8.786(a).)

        (b)     Applications for Appointed Counsel.

                (1) A party meeting the standards may apply for appointment of counsel either in the trial
                court or in the Appellate Division. (CRC rule 8.786(b).

                (2) Applications shall be filed in accordance with LCR 1.8, except that they need not be
                served on other parties, and are decided without hearing.

                (3) Once an application for appointed counsel has been approved by the applicable court,
                the designation of specific counsel on appeal is then made by the Executive Director of the
                San Mateo County Bar Association’s Private Defender Program.

                (Adopted, eff. Jan. 1, 2009)


1.4     RECORD ON APPEAL

        (a)     Civil Appeals.

                (1) Contents. The “record on appeal” includes the clerk’s transcript (CRC rule 8.754) and
                may include the reporter’s transcript (CRC rule 8.753), an agreed statement (CRC rule
                8.755), or a settled statement (CRC rule 8.756). The record shall be designated by notice
                filed in the trial court. (CRC Rule 8.754.)

                (2) Clerk’s Transcript. Within ten days of notification by the clerk of the trial court’s
                appeals division of the estimate of the cost of the preparation of the clerk’s transcript,
                appellant shall make arrangement for payment of the required fees. (CRC Rule 8.754(a), (c).)

                (3) Reporter’s Transcript. Appellant shall designate and file notice in the trial court to
                obtain a reporter’s transcript and pay for that transcript within the time required. (CRC Rule
                8.753(a)).

                (4) Burden of Providing the Record. It is the burden of the appellant to insure that the
                Appellate Division has an adequate record for review pursuant to CRC rules 8.753 through
                8.761.

        (b)     Criminal Appeals.

                (1) Contents. The “record on appeal” includes the clerk’s transcript (CRC Rule 8.783),
                and may include a reporter’s transcript or a settled statement (CRC Rule 8.784).

                (2) Clerk’s Transcript. Upon filing of a Notice of Appeal, the clerk’s transcript is prepared
                by the trial court Clerk without written request or payment of fees by the appellant. (CRC
                Rule 8.783.)

                (3) Settled Statement or Transcript. The parties shall comply with the rules governing the
                preparation, notice, and time limits for proceeding on appeal in misdemeanor or infraction
                case as set forth in CRC Rules 8.784 through 8.791.
Div I – Appellate Division Rules                            103                                    Revised 1/1/2009
Superior Court of California, County of San Mateo



                (4)     Reporter’s Transcript.

                         (A) Appellant’s responsibility. If appellant intends to present the evidentiary record
                         by a reporter’s transcript, appellant shall note that fact in his or her proposed statement
                         on appeal pursuant to CRC Rule 8.784(a), and shall order and pay for the transcript
                         from the reporter who reported the proceedings in the trial court, unless payment is
                         waived by law or by court order. The reporter shall file the original transcript with the
                         Clerk of the Appellate Division and provide copies to appellant and respondent.

                        (B) Waiver of reporter’s fees. Applications to cover the cost of reporter’s transcript
                        shall be made in the trial court at the clerk’s office. If the application is denied,
                        appellant may apply to the Appellate Division. The application shall comply with LCR
                        Rule 1.8, and will be ruled upon without hearing.

                (5) Augmentation of the Record on Appeal.              Either party may request from the trial
                court, on good cause, augmentation of the record on appeal with additional documents. (CRC
                rule 8.791.) If denied, a party may seek an order to augment from the Appellate Division.
                Such requests shall comply with LCR rule 1.8, and are ruled upon without hearing.

                (6) Rights of Respondent. Respondent is entitled to propose corrections, changes, or
                additions to the settled statement or transcript. (CRC Rule 8.785.) The proposed corrections,
                changes, or additions shall be ruled on by the trial court as provided in CRC rule 8.788.

        (Adopted, eff. Jan. 1, 2009)


1.5     BRIEFS

        (a)     Time for Filing.

                (1) Briefs. After the record on appeal has been transmitted, the Appellate Division will
                notify the parties. The parties shall file briefs in accordance with the time periods specified in
                CRC rule 8.706(a).

                (2) Failure to File Timely Briefs. Failure of appellant to file an opening brief on or before
                the required date is a ground to dismiss the appeal. Failure to file a respondent’s brief on or
                before the required date will result in the case being submitted for decision on the record on
                appeal and on the appellant’s opening brief. Such failure may cause the Appellate Division to
                accept as true the statement of facts contained in appellant’s opening brief. (CRC rules
                8.762(c), 8.792.).

        (b) Content and Format. Briefs shall comply with CRC rules 8.706(c) and 8.204(b), except that
        only one side of the paper may be used and such briefs shall be bound at the top, with cover colors
        that comply with CRC 8.40(b).

        (c)     Length.

                (1) No brief shall exceed fifteen pages in length without prior approval of the Appellate
                Division. (See CRC rule 8.766, 8.706(c).) Tables of contents and/or authorities are excluded
                from this fifteen-page limitation.

                (2) Permission to file any briefs in excess of fifteen pages shall be obtained by application
                in accordance with LCR rule 1.8.
Div I – Appellate Division Rules                               104                                    Revised 1/1/2009
Superior Court of California, County of San Mateo



        (d) Service. Briefs shall be served as follows: the original and three copies on the Clerk of the
        Appellate Division, one copy on the trial court, and one copy on opposing counsel. (See CRC rule
        8.706(e), (f)).

        (e) Extension of Time. Applications for extensions of time to file briefs shall be filed in the
        Appellate Division in accordance with LCR rule 1.8.

        (Adopted, eff. Jan. 1, 2009)


1.6     ORAL ARGUMENT

        (a)     Date and Time.

                (1) Date. The date for oral argument will be set after the record on appeal is transmitted to
                the Appellate Division. The hearing date will be subject to written notice to the parties by the
                Clerk of the Appellate Division at least two weeks prior to the hearing date.

                (2) Time. Unless noticed otherwise by the Clerk of the Appellate Division, all criminal
                and civil matters are heard at 2:00 p.m.

        (b) Failure to Appear. A party who fails to appear at oral argument when the case is called is
        deemed to have waived oral argument, unless the delay or tardiness is excused by the Appellate
        Division.

        (c) Continuances.          Continuances will only be granted upon a showing of good cause.
        Continuances by stipulation are subject to the approval of the Presiding Judge of the Appellate
        Division. Written applications for continuance shall comply with LCR Rule 1.8, and will be ruled
        upon without hearing.

        (d) Amount of Time to Argue. Parties are entitled to a reasonable time to argue, usually five
        minutes and in no event exceeding fifteen minutes per side without prior permission.

        (e) Supplemental Briefing. Supplemental briefing will be permitted when the Appellate
        Division indicates it intends to decide a case upon the basis of an issue not briefed or proposed by
        any party. (Govt. Code § 68081.)

        (Adopted, eff. Jan. 1, 2009)


1.7     DECISION

        (a) Time for Decision. The Appellate Division shall decide a case within ninety days after
        submission. (Cal. Const., Article 6, §19; CRC Rule 8.707(c).)

        (b) Opinion. The Appellate Division may file an opinion on each appeal, but is not required to
        do so. (CRC Rule 8.707(b).)

        (c) Publication. An opinion is published in whole or in part in the Official Reports when a
        majority of the judges in the Appellate Division who participated in the opinion certifies that the
        opinion meets one or more of the standards set forth in CRC rule 8.1105(b), and the Court of
        Appeal does not order the case transferred to it for hearing and decision. (CRC Rules 8.1105(c),
        8.1002.)
Div I – Appellate Division Rules                            105                                    Revised 1/1/2009
Superior Court of California, County of San Mateo



        (d)     Rehearing and/or Certification.

                (1) Any petition for rehearing shall be served and filed with proof of service within fifteen
                days after the Appellate Division judgment is filed. Any answer to the petition shall be
                served and filed within eight days after filing of the petition. (CRC rule 8.708(c).)

                (2) If a rehearing is ordered, the Appellate Division may place the case on calendar for
                further argument or may resubmit the matter for decision without argument. (CRC rule
                8.708(c).)

                (3) Any party may move to certify, or the Appellate Division on its own motion may
                certify, that transfer of a case to the Court of Appeal appears necessary to secure uniformity
                of decision or to settle important questions of law. (CRC Rule 8.1005(a).) An application to
                certify shall be filed before the judgment on appeal is final. (CRC Rules 8.1005(b), 8.708(a).)

        (Adopted, eff. Jan. 1, 2009)

1.8     APPLICATIONS AND MOTIONS

        (a) Routine Applications. Routine applications, as defined by CRC rule 8.766, shall be served
        on opposing counsel and submitted to the Appellate Division. Applications on routine matters shall
        include a declaration under penalty of perjury. (CRC rules 8.766 and 8.787.)

        (b) Motions. Written motions shall be served on all parties and shall be filed in the Appellate
        Division in connection with all non-routine matters or where a party is in default. (CRC rules 8.705,
        8.772(b).)

        (c) Motions to Withdraw as Counsel. Motions of an attorney to withdraw as counsel of record
        shall comply with the requirements of CCP sections 284 and 285, and CRC rules 3.1362 and
        8.768(b).

        (d) Motions Before Record Filed. Motions filed before the Appellate Division has received the
        record on appeal shall be accompanied by copies of documents previously filed sufficient to permit
        review.

        (e) Ruling on Applications and Motions. Rulings on applications and motions made pursuant
        to this rule are made without hearing.

        (f) Abandonment. An appeal may be abandoned before the record is filed in the Appellate
        Division by filing a written abandonment in the trial Court. (CRC rules 8.762(a), 8.790.) After the
        record is filed in the Appellate Division, a civil appeal may be dismissed on written request of the
        appellant or stipulation of the parties filed with the Clerk of the Appellate Division, and, in a
        criminal appeal, by filing a written abandonment of appeal with the Clerk of the Appellate Division.
        (CRC rules 8.762(b), 8.790.)

        (Adopted, eff. Jan. 1, 2009)


1.9     EXTENSIONS AND RELIEF FROM DEFAULT

        (a) Where Application For Extension Filed.
        Application for extension of time to perform an act beyond the time allowed by the rules of court
        shall be made to the trial court. (CRC rules 8.767(b), 8.787(a).)
Div I – Appellate Division Rules                           106                                    Revised 1/1/2009
Superior Court of California, County of San Mateo



        (b) Denial or Failure To Grant By Trial Court. If an extension of time or relief from default is
        denied or cannot be granted by the trial court, application may be made to the Appellate Division in
        accordance with LCR rule 1.8, and will be ruled upon without hearing.

        (c) Reinstatement of Appeal. Applications to reinstate an appeal after dismissal shall follow
        the procedures set forth in sub-paragraph (b) above.

        (Adopted, eff. Jan. 1, 2009)


1.10 WRITS

        (a) Assigned Departments. Petitions for writ of mandate or prohibition in limited civil,
        misdemeanor or infraction cases shall be heard in the Appellate Division. (CCP §1085(b), 1103(b),
        and 1068(b).) Petitions for writ of habeas corpus shall not be considered by the Appellate Division.
        (CRC rule 4.552(d).) Instead, habeas petitions may be filed with the Clerk of the Superior Court.

        (b) Content and Format. Briefs relating to a petition for writ of mandate or prohibition shall
        comply with CRC rules 8.40 and 8.204(b), except that only one side of the paper may be used and
        they must be bound at the top, with cover colors that comply with CRC 8.40(b).

        (c) Service. Briefs relating to a petition for writ of mandate or prohibition shall be served as
        follows: the original and three copies on the Clerk of the Appellate Division, one copy on the trial
        court, and one copy on opposing counsel. (See CRC rule 8.706(e), (f).)

        (Adopted, eff. Jan. 1, 2009)




Div I – Appellate Division Rules                          107                                    Revised 1/1/2009
Superior Court of California, County of San Mateo



                                                DIVISION II
                                     COURT MANAGEMENT - SUPERIOR COURT

                                   CHAPTER 1. FORM AND SERVICE OF PAPERS

Rule 2.0              Transfer of Court-Related Functions of the County Clerk to the Superior Court..........                                       200
Rule 2.1              Form of Papers Presented for Filing ...............................................................................           200
Rule 2.1.1            REPEALED [Authority From Non-California Jurisdictions] ......................................                                 200
Rule 2.1.2            REPEALED [ Requests for Judicial Notice] ................................................................                     200
Rule 2.1.3            California Environmental Quality Act (CEQA) ............................................................                      200
Rule 2.1.4            Documents Produced Through Non party .....................................................................                    200

                       CHAPTER 2. CIVIL TRIAL COURT MANAGEMENT RULES
                                     PART 1. MANAGEMENT DUTIES
Rule 2.2              Trial Management ........................................................................................................... 201

                                           PART 2. CASEFLOW MANAGEMENT

Rule 2.3              New Case Management .................................................................................................. 201
Rule 2.3.1            Orders to Show Cause re: Dismissals ........................................................................ 207
Rule 2.4              Settlement Conferences ................................................................................................. 208

                                           PART 3. CALENDAR MANAGEMENT

Rule 2.5              Trial Date Settlement Conferences ................................................................................. 209
Rule 2.6              REPEALED Renumbered (Rule 2.7.6)[Refund of Jury Fees: Duty to notify Court] ... 209

                                                     CHAPTER 3. [RESERVED]

                                                     CHAPTER 4. JURY RULES

Rule 2.7              Length of Jury Service ....................................................................................................   210
Rule 2.7.1            Proposed Jury Instructions ..............................................................................................     210
Rule 2.7.2            Duty of Counsel With Respect to Jury Instructions ..................................................                          210
Rule 2.7.3            Form of Proposed Jury Instructions (CCP 607a, 609, CRC 2.1055) .............................                                  210
Rule 2.7.4            Changing Jury Instructions .............................................................................................      211
Rule 2.7.5            Jury Instruction Conference ............................................................................................      211
Rule 2.7.6            Refund of Jury Fees: Duty to notify Court .....................................................................               212

                                                CHAPTER 5. GENERAL RULES

Rule 2.8              Family Law Rules ........................................................................................................... 212
Rule 2.9              Required Action ............................................................................................................. 212
Rule 2.10             Interpreters and Translators ............................................................................................ 212
                                         (Rules 2.11 through 2.19 Reserved)

                                              CHAPTER 6. CIVIL TRIAL RULES

Rule 2.20             Trial Motions, Briefs, Statements, and Witness Lists ............................................... 212
Rule 2.21             In Limine Motions ..................................................................................................... 213
Rule 2.22             Production of Exhibits ............................................................................................... 213

                                                (Rules 2.23 through 2.29 Reserved)
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Superior Court of California, County of San Mateo



                                               CHAPTER 7. COMPLEX CASES

Rule 2.30             Determination of Complex Case Designation ........................................................... 213

Rules 2.31 to 2.35 RESERVED

                                    CHAPTER 8. ACCESS TO COURT RECORDS

Rule 2.36             Public Access and Privacy ......................................................................................... 216

Rule 2.37             Public Access to Exhibits, Attachments or other Documents not Otherwise Filed ... 217

Rule 2.38             Electronic Access ...................................................................................................... 217




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                                              DIVISION II
                                   COURT MANAGEMENT - SUPERIOR COURT

                                 CHAPTER 1. FORM AND SERVICE OF PAPERS

Rule 2.0 Transfer of Court-Related Functions of the County Clerk to the Superior Court

        Pursuant to the authority contained in Government Code section 69898, the court hereby transfers
from the County Clerk to the Superior Court Executive Officer, under the direction of the Presiding
Judge, all of the powers, duties, and responsibilities required or permitted to be executed or performed by
the County Clerk in connection with judicial actions proceedings, and records.

          (Adopted, effective July 1, 1996.)

Rule 2.1 Form of Papers Presented for Filing

          Reference, CRC, rule 2.100, et seq.

          (Adopted, effective July 1, 1996) (Amended effective January 1, 2000)    (Amended, effective January 1, 2007)

Rule 2.1.1 Citations to Non-California Authorities.

          (Adopted, effective July 1, 1996)(Repealed, effective January 1, 1999)

Rule 2.1.2 Requests for Judicial Notice
          (Adopted, effective July 1, 1996)(Repealed, effective January 1, 1999)

Rule 2.1.3 California Environmental Quality Act (CEQA)

        If a petition for writ of mandate includes claims under CEQA (Public Resources Code section
21000 et. seq.), the case will be assigned to a judge designated to hear CEQA actions pursuant to Public
Resources Code section 21167.1. Plaintiff shall identify the petition as being filed pursuant to “CEQA”
on the face of the petition.

          (Adopted, effective January 1, 1999)(renumbered from 2.1.4 effective January 1,2000)

Rule 2.1.4 Documents Produced Through a Nonparty

          If a party proposes to obtain documents in the custody of a nonparty, as by a subpoena duces
tecum, and such documents may be produced by certification or otherwise in lieu of personal appearance
by a witness custodian, the request for such documents should specify that they be delivered not later than
the first day for which the trial is calendared.

          (Adopted, effective January 1, 2000)




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                        CHAPTER 2. CIVIL TRIAL COURT MANAGEMENT RULES
                                  PART 1. MANAGEMENT DUTIES

Rule 2.2         Trial Court Management

          Reference CRC, rules 3.700, 3.710-3.713, 10.900, 10.901

          (Adopted, effective January 1, 2000)      (Amended, effective January 1, 2007)

                                        PART 2. CASEFLOW MANAGEMENT

Rule 2.3 New Case Management

        This rule applies to all civil cases with the exception of the following: (1) juvenile court matters;
(2) probate matters; (3) family law matters; and (4) civil cases which, based on subject matter, have been
assigned to a judge, or to more than one judge, for all purposes. For rules applicable to these exceptions,
see CRC 2.20, 2.30, 2.570-2.573, 2.585, 2.810-2.819, 2.830-2.834, 3.650, 3.700-3.735, 3.920-3.927,
3.1370, 3.1380-3.1385, 3.1590-3.1591, 3.1806, 5.590, 10.900-10.901, 10.910, 10.950-10.953,.

(a)       Purposes and Goals

          The purposes and goals of the San Mateo Superior Court Civil Case Management System
          effective January 1, 1992 are:

          (1)       To manage fairly and efficiently, from commencement to disposition, the processing of
          civil litigation.

          (2)    To prepare the bench and bar for full implementation of the Trial Court Delay Reduction
          Act (A.B. 3820) on July 1, 1992; and

          (3)      To encourage parties to agree to informal discovery early in the life of the case, to use
          standard form interrogatories and to promote alternative dispute resolution. Nothing in these
          rules is intended to prevent the parties from stipulating to an earlier intervention by the court by
          way of a case management conference, settlement conference or any other intervention that seems
          appropriate.

          (4)     In accordance with Sections 3.710-3.715, 10.900, 10.901 of the California Rules of
          Court, Local Rule 2.3 is adopted to advance the goals of Section 68603 of the Government Code
          and Section 2.1 of the Standards of Judicial Administration recommended by the Judicial
          Council.

(b)       Team concept

          Beginning January 1, 1994 civil litigation will be managed primarily by a team of two program
          judges.

          The clerk will assign the case to a program judge at the time the complaint is filed. The case shall
          be managed by the assigned program judge until disposition or until the case is assigned to a trial
          department.




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(c)       Cases filed after July 1, 1992

          Upon the filing of a complaint after July 1, 1992, the case shall be subject to all of the civil case
          management system rules set forth below. Cases filed before July 1, 1992 shall also be subject to
          these rules except for subsection (d) (Filing and service of pleadings; exceptions).

(d)       Filing and service of pleadings; exceptions.

          (1)      Complaint: Except as provided in paragraph 5 below, plaintiff shall within 60 days after
          filing of the complaint serve the complaint on each defendant along with:

                     (A)        A blank copy of the Judicial Council Case Management Statement;

                     (B)        A copy of Local Rule 2.3;

                     (C)        The Notice of Case Management Conference.

                             If a matter has been submitted to arbitration pursuant to uninsured motorist
                     insurance, the plaintiff shall file a notice to that effect with the court at the time of filing
                     the complaint, or at the time the matter is submitted. The notice shall include the name,
                     address and telephone number of the insurance company, along with the claim number or
                     other designation under which the matter is being processed.

          (2)     Cross-complaint: Except as provided in paragraph 5 below, each defendant shall within
          30 days after answering the complaint file any cross-complaint (within 50 days if compliance
          with a governmental claims statute is a prerequisite to the cross-complaint) not already served
          with the answer under Code of Civil Procedure section. 428.50 and serve with that cross-
          complaint:

                     (A)        A blank copy of the Judicial Council Case Management Statement;

                     (B)        A copy of Local Rule 2.3;

                     (C)        The Notice of Case Management Conference.

          (3)     Responsive pleadings: Except as provided in paragraph 5 below, each party served with
          a complaint or cross-complaint shall file and serve a response within 30 days after service. The
          parties may by written agreement stipulate to one 15-day extension to respond to a complaint or
          cross-complaint.

                  If the responsive pleading is a demurrer, motion to strike, motion to quash service of
          process, motion for a change of venue or a motion to stay or dismiss the case on forum non
          conveniens grounds, and the demurrer is overruled or the motion denied, a further responsive
          pleading shall be filed within 10 days following notice of the ruling unless otherwise ordered. If
          a demurrer is sustained or a motion to strike is granted with leave to amend, an amended
          complaint shall be filed within 10 days following notice of the ruling unless otherwise ordered.
          The court may fix a time for filing pleadings responsive to such amended complaint.

          (4)    Proofs of service: Proofs of service must be filed at least 10 calendar days before the
          case management conference.

          (5)        Exceptions for longer periods of time to serve or respond:


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                     (A)      Time to serve may be extended for good cause: Upon ex parte application to the
                     court, in compliance with California Rule of Court 379(g), within 60 days of the date the
                     complaint was filed, plaintiff may obtain an extension of time to serve to a date on or
                     before the case management conference, if good cause is shown by declaration of
                     counsel (or plaintiff filing in propria persona). An additional extension of the time to
                     serve (an initial extension if the application is by a cross-complainant) may be obtained
                     upon written application to the court upon good cause shown before the prior extension
                     has expired. The filing of a timely application for an extension will automatically extend
                     the time to serve by five days, whether or not the application is granted.

                              Good cause will be found if the declaration shows that the action is filed against
                     a defendant who is an uninsured motorist, and the plaintiff's claim is subject to an
                     arbitration provision in plaintiff's contract of insurance. In determining good cause in
                     other cases, the court will give due consideration to any standards, procedures and
                     policies which have been developed in consultation with the bar of the county through the
                     bench-bar trial court delay committee.

                     (B)      Additional extension of time if uninsured motorist arbitration is pending. In
                     addition to any extension of time obtained pursuant to subsection (5)(A) above, if an
                     uninsured motorist arbitration is still pending between plaintiff and plaintiff's insurance
                     carrier 30 days prior to the expiration of the extension, plaintiff may obtain an additional
                     extension of time by an ex parte application supported by a declaration showing the
                     scheduled or anticipated date of the arbitration hearing and the diligence of plaintiff in
                     pursuing arbitration.

                     (C)      Time to respond may be extended for good cause: Before the time to respond
                     has expired, any party served with a complaint or cross-complaint may, with notice to all
                     other parties in the action, make ex parte application to the court upon good cause shown
                     for an extension of time to respond. The filing of a timely application for an extension
                     will automatically extend the time to respond by five days, whether or not the application
                     is granted.

(e)       Case management conference

          (1)     Date of conference: Unless the parties stipulate in writing and the court orders that the
          case be earlier referred to arbitration, a case management conference will be set by the clerk at the
          time the complaint is filed. (Government Code 68616)

          (2)     Attendance at the case management conference is mandatory for all parties or their
          attorneys of record.

          (3)     Plaintiff must serve the Notice of Case Management on all parties no later than 30
          calendar days before the conference, unless otherwise ordered by the Court.

          (4)    The Court will deem the case to be at-issue at the time of the conference (Reference:
          CRC 3.714(a)) absent a showing of extraordinary circumstances.

          (5)      The conference may be set at an earlier date by order of the Court or by written
          stipulation of the parties.

          (6)      Designation of trial counsel: Trial counsel and, except for good cause shown, back-up
          trial counsel, must be specified at the case management conference. If such counsel is not


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          specified, relief from the scheduled trial date may not be obtained based upon the ground that
          counsel is engaged elsewhere.

          (7)        Conference orders: At the initial conference, the program judge will make appropriate
          pre-trial orders that may include the following:

                     (A)        An order referring the case to arbitration, mediation or other dispute resolution
                                process;

                     (B)        An order transferring the case to the limited jurisdiction of the superior court;

                     (C)        An order assigning a trial date;

                     (D)        An order identifying the case as one which may be protracted and determining
                                what special administrative and judicial attention may be appropriate, including
                                special assignment;

                     (E)        An order identifying the case as one which may be amenable to early settlement
                                or other alternative disposition technique;

                     (F)        An order of discovery; including but not limited to establishing a discovery
                                schedule, assignment to a discovery referee, and/or establishing a discovery cut-
                                off date;

                     (G)        An order scheduling the exchange of expert witness information;

                     (H)        An order assigning a mandatory settlement conference date pursuant to Local
                                Rule 2.3(k) and 2.4; and

                     (I)        Other orders to achieve the interests of justice and the timely disposition of the
                                case.

          (8)        CourtCall Telephonic Appearances

                     (A)        Reference CRC, Rule 3.670

                     (B)     Procedure. Telephonic appearances through the use of CourtCall, an independent
                     vendor, are permitted at case management conference hearings. A party wishing to make
                     a telephone appearance must serve and file a Request for Telephone Appearance Form
                     with CourtCall not less than five court days prior to the case management conference
                     hearing. Copies of the Request for CourtCall Appearance form and accompanying
                     information sheet are available in the Clerk’s office. There is a fee to parties for each
                     CourtCall appearance and fees are paid directly to CourtCall. CourtCall will fax
                     confirmation of the request to parties.

                     (C)      On the day of the case management conference hearing, counsel and parties
                     appearing by CourtCall must check-in five minutes prior to the hearing. Check-in is
                     accomplished by dialing the courtroom’s dedicated toll-free teleconference number and
                     access code that will be provided by CourtCall in the confirmation. Any attorney or party
                     calling after the check-in period shall be considered late for the hearing and shall be
                     treated in the same manner as if the person had personally appeared late for the hearing.



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                     (D)      At a case management conference, parties may be referred to an appropriate
                     dispute resolution (“ADR”) process (e.g., mediation, binding arbitration or neutral
                     evaluation). If parties are referred ADR, they must redial the dedicated toll-free
                     teleconference number immediately following their case management conference
                     appearance and use a second CourtCall access code to telephonically appear at the ADR
                     referral meeting with ADR staff. If a case has been referred to ADR, a party’s case
                     management conference appearance is not complete until they have also telephonically
                     appeared at the mandatory ADR referral. If parties are referred to judicial arbitration,
                     they do not have to appear at the ADR referral.

(f)       Case Management Statement

          At least 15 calendar days before the scheduled case management conference, each party shall file
          with the court and serve on all other parties a completed Judicial Council Case Management
          Statement. If the case is set for further case management conference hearing(s), all parties must
          file updated Case Management Statements 15 (fifteen) calendar days prior to the scheduled
          hearings(s).

(g)       Appropriate Dispute Resolution, ADR, Policy Statement

          The Court finds it is in the best interests of parties to litigation to participate in appropriate
          dispute resolution procedures, including but not limited to mediation, neutral evaluation, private
          or judicial arbitration, voluntary settlement conferences, and the use of special masters and
          referees. Therefore, all parties shall stipulate to, or be referred to, an appropriate form of dispute
          resolution before being set for trial, unless there is good cause to dispense with this requirement.
          Parties are encouraged to stipulate to judicial arbitration or ADR prior to the case management
          conference.

(h)       Stipulations to Arbitration

          (1)      If the case is at issue, and all counsel and each party appearing in propia persona stipulate
          in writing to judicial arbitration prior to the case management conference, discovery will remain
          open following judicial arbitration. A written stipulation to judicial arbitration must be filed with
          the clerk and a copy immediately sent to the Master Calendar Coordinator at least 10 calendar
          days before the case management conference in order to avoid the need to appear at that
          conference. A written stipulation to arbitrate will be deemed to be without a limit as to the
          amount of the award unless it expressly states otherwise.

          (2)     It is the policy of this court to make every effort to process cases in a timely manner.
          Parties who elect or are ordered b the court to judicial arbitration must complete the arbitration
          hearing within the time frame specified by the court.

                   Parties who wish to continue the arbitration hearing after the jurisdictional time frame
          must submit a court provided form entitled “Ex Parte Motion and Stipulation for continuance of
          Judicial arbitration Hearing.” Parties can obtain a copy of the form by contacting the court’s
          judicial arbitration administrator [See Local Rule 10.1(d)(1). Continuances without adequate
          grounds will not be considered. A case management judge will either grant or deny the request
          for continuance. If the request is denied, the case may be assigned a trial date. If the request is
          granted, the judge will impose a new deadline by which the arbitration must be completed.

          (3)     Parties who wish to change their election from judicial arbitration to another form of
          ADR must file a “Stipulation and [Proposed] Order to [Mediation, Neutral Evaluation, etc.] in
          Lieu of [Court-Ordered] Judicial Arbitration” with the Clerk of the Court. The Stipulation must

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          state that parties have: (i) notified both the judicial arbitration and ADR coordinators; (ii)
          cancelled the judicial arbitration hearing: (iii) scheduled the ADR session within five months of
          the previously scheduled judicial arbitration hearing; and (iv) stipulated to a trial date, which is
          not more than six months from the previously scheduled judicial arbitration hearing.

(i)       Stipulations to Private ADR

          (1)      If a case is at issue and all counsel and each party appearing in propria persona stipulate
          in writing to ADR and file a completed Stipulation and Order to ADR with the clerk of the court
          at least ten (10) calendar days before the first scheduled case management conference, that
          conference shall be continued 90 days. The court shall notify all parties of the continued case
          management conference.

          (2)     If counsel and each party appearing in propria persona are unable to agree upon an
          appropriate ADR process, they shall appear at the case management conference.

          (3)     Following an appearance at a case management conference hearing, parties shall, within
          21 calendar days , file a completed Stipulation to ADR and Proposed Order identifying the name
          of the ADR provider, date of ADR session and the names of those who will be in attendance at
          the ADR session. The completed Stipulation to ADR and Proposed Order shall be filed with the
          court by plaintiff’s counsel. The parties, through counsel, if represented, shall confer with the
          court’s Multi-Option ADR Project (M.A.P.) staff if they cannot agree on a provider. Plaintiff’s
          counsel, shall additionally, send a copy of the completed Stipulation to the court’s M.A.P. offices
          within the same 21-day period.

          (4)        All parties and counsel shall participate in the ADR process in good faith.

          (5)     To maintain the quality of ADR services the court requires cooperation from all parties,
          counsel and ADR providers in completing ADR evaluation forms, and returning these forms to
          the M.A.P. offices within 10 calendar days of the completion of the ADR process.

          (6)      In accordance with the Code of Civil Procedure, section 1033.5(c)(4), the court, in its
          discretion, may allow the prevailing party at trial the fees and expenses of the ADR provider,
          unless there is a contrary agreement by the parties.

(j)       Setting Short Cause Matters

          If the parties agree that the time estimated for trial is 5 hours or less prior to the conference, a
          written stipulation shall be filed at least 10 calendar days before the case management conference
          in order to avoid the need to appear at that conference and a copy immediately sent to the Master
          Calendar Coordinator. In the absence of a stipulation, either party may file a motion to have the
          matter designated a "short cause" and set the case accordingly. All such matters shall be
          presumed short cause unless the contrary is established at the hearing on the motion.

(k)       Law and Motion

          All law and motion matters shall be heard by the regularly assigned Law and Motion judge.

(l)       Settlement Conferences

          All cases not assigned to arbitration or some other dispute resolution mechanism will be assigned
          two settlement conference dates, the first of which will be at the earliest practicable date under
          the circumstances presented by the case, and the second within approximately two
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          weeks prior to the assigned trial date.

          Cases assigned to arbitration or other form of ADR may be subjected to a settlement conference
          prior to the arbitration or ADR process, but will be assigned to a pre-trial settlement conference
          only if the arbitration/ADR procedure fails to resolve the case.

          All cases which fail to resolve by the trial date will be subject to an additional settlement
          conference on the trial date.

          All settlement conferences shall be subject to the requirements specified in Local Rule 2.4.

(m)       Sanctions

          Sanctions pursuant to CRC 2.30 shall be imposed for any violation of the civil case management
          system rules. The minimum sanction imposed shall be $150.00 payable to the court; sanctions
          payable to the court may be larger where appropriate and will be in addition to appropriate
          attorney fees and calendar changes, including any appropriate change in calendar status of the
          action.

          Sanctions mandated hereby may be waived by the judge conducting the conference only upon an
          application showing good cause why sanctions should not be imposed.

          (Adopted, effective July 1, 1996)(Amended, effective January 1,2000) (Amended, effective January 1, 2003)
          (Amended effective July 1, 2003) (Amended, effective January 1, 2005)(Amended, effective January 1, 2006)
          (Amended, effective January 1, 2007)


Rule 2.3.1 Orders to Show Cause re: Dismissals

(a)     A hearing on an order to show cause why the case should not be dismissed for failure to prosecute
the matter shall be set at the two year anniversary of the filing of the complaint and/or cross-complaint.

(b)       An order to show cause hearing shall be set 45 days after court’s receipt of notice of settlement.

(c)      An order to show cause hearing regarding dismissals may be set by the court to achieve the
interests of justice and the timely disposition of the case.

(d)      An order to show cause hearing re: failure to complete judicial arbitration within the court-
ordered time frame may be heard during the case management calendar. Sanctions may be imposed and a
trial date may be assigned.

          (Adopted, effective January 1,2000) (Amended, effective January 1, 2003)(Amended, effective January 1, 2006)



Rule 2.4 Settlement Conference

          Reference: California Rule of Court, rule 3.138.

(a)       At all settlement conferences, notwithstanding any other Rule:

          (1)     The attorney who will try the case or an informed associate with full authority to
          negotiate a settlement of the case shall personally attend.


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          (2)      Any persons whose consent is required to authorize settlement shall personally attend;
          those parties that are corporations shall have in attendance an officer or other employee with
          authority to bind the corporation. Powers of attorney, oral or written, granting counsel settlement
          authority are unacceptable as a substitute for personal attendance at this conference. Defendant
          and cross-defendant shall personally attend if there is no insurance coverage, if there is an
          unsatisfied deductible, or if the insurance carrier is demanding that the insured contribute to
          settlement.

          (3)      With respect to any insured party, a representative of the insurance carrier with authority
          to settle which is meaningful considering the exposure to loss presented shall personally attend.
          If the claims representative in personal attendance has any limitation on his or her settlement
          authority, a representative of the carrier who has no such limitations shall be available to the court
          by telephone and shall remain available until released by the judge conducting the conference,
          regardless of the time of day at the location of that representative.

          (4)     Upon arrival at the department to which the conference has been assigned, counsel shall
          check in with the clerk and shall verify the attendance of those persons whose presence is
          required.

          (5)     Notwithstanding the provisions of CRC 3.1380(c), no later than five(5) court days before
          the date set for the settlement conference each party shall lodge with the office of the court
          administrator and serve on all other parties a written statement setting forth the following:

                     (A)        A statement of facts.

                     (B)        The contentions of each party to the action regarding liability and damages.

                     (C)        An itemized list of special damages.

                     (D)        In any case in which personal injury is claimed:

                                (i)     A description of the nature and extent of any injury claimed, including
                                residuals.

                                (ii)   A description of the basis for and method of calculation of any claimed
                                wage loss.

                     (E)     The most recent demand and offer or a description of any other proposed
                     settlement between or among the parties.

          (6)        All parties shall be prepared to make a bona fide offer of settlement.

(b)      The personal attendance of any person who is required by these rules to be present may be
excused only by the presiding judge upon application made prior to the day on which the conference is
scheduled. Any such person whose attendance is excused must remain available by telephone until he or
she has been excused by the judge conducting the conference regardless of the time of day at the location
of that person.

(c)     No conference may be continued without the consent of the presiding judge or, if known, the
judge to whom the case has been assigned for conference.




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(d)      At all such conferences, the judge of the department to which the conference has been assigned
shall first attempt to settle the case. If settlement discussions are inconclusive, the judge may adjourn the
conference to a later date for further settlement discussions.

(e)     Sanctions pursuant to CRC 2..30 shall be imposed for any violation of this rule. The minimum
sanction imposed shall be $150.00 payable to the court; sanctions payable to the court may be larger
where appropriate and will be in addition to appropriate attorney fees and calendar changes.

        Sanctions mandated hereby may be waived by the judge conducting the conference only upon an
application showing good cause why sanctions should not be imposed.

          (Adopted, effective July 1, 1996) (Amended, effective January 1, 2003)(Amended, effective July 1, 2005)
          (Amended, effective January 1, 2007) (Amended, effective January 1, 2009)


                                        PART 3. CALENDAR MANAGEMENT

Rule 2.5 Trial Date Settlement Conference

        A further settlement conference shall be held on the date the case is called for trial in accordance
with the procedures outlined in and with the attendance of those persons designated in Local Rule 2.4.

          (Adopted, effective July 1, 1996)

Rule 2.6 Refund of Jury Fees: Duty to Notify Court

          (Adopted, effective July 1, 1996) (REPEALED and Renumbered as Rule 2.7.6)


                                                    CHAPTER 3. [RESERVED]




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                                                    CHAPTER 4. JURY RULES

Rule 2.7 Length of Jury Service

        In compliance with CRC 2.1002, a person has fulfilled his or her jury service obligation when he
or she has:

          (a)        Served on one trial until discharged.

          (b)        Been assigned on one day for jury selection until excused by the jury commissioner.

          (c)     Attended court but was not assigned to a trial department for selection of a jury before the
          end of that day.

          (d)      Been assigned to a trial department for selection of a jury and has been excused by the
          trial judge.

          (e)        Served one day on call.

          (f)        Served no more than 5 court days on telephone standby.

          (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007)


Rule 2.7.1 Proposed Jury Instructions

(a)       Reference California Rules of Court, Rules 2.1055 and 2.1050.

(b)      The Trial Department shall determine in its discretion the timing of submission of proposed jury
instructions.

          (Amended, effective January 1, 2002) (Amended, effective January 1, 2006) (Amended, effective
          January 1, 2007)


Rule 2.7.2 Duty Of Counsel with Respect to Jury Instructions

          Before delivery of proposed jury instructions to the trial judge and opposing counsel, counsel
shall fill in all blanks, make all strikeouts, insertions and modifications therein which are appropriate to
the case. Submission of a form, which requires additions or modifications to constitute a complete and
intelligible instruction, shall not be deemed a request for such instruction.

         In addition to a hard copy of the proposed jury instructions, counsel shall provide the modified
instructions on a computer diskette, and a clean copy of the instructions to be given to the jury.

          (Adopted, effective January 1, 2000) (Amended, effective January 1, 2006)

Rule 2.7.3 Form of Proposed Jury Instructions (CCP §§ 607a, 609,)

        All proposed jury instructions shall conform to the requirements of California Rules of Court,
Rule 2.1055. Any jury instructions requested after the conclusion of taking evidence shall be in writing.
The court, in its discretion, may permit instructions to be sent into the jury room in "Booklet Form". In

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"Booklet Format" the text of the instruction is printed continuously on the page and may result in several
instructions to the page. Such instructions may be accompanied by a table of contents.
         (Adopted, effective January 1, 2000) (Amended, effective January 1, 2006) (Amended, effective January 1, 2007)

Rule 2.7.4 Changing Jury Instructions

         If, after the jury instruction conference and at any time before giving the instructions and verdict
and findings forms to the jurors, the trial judge determines to make any substantive change therein, all
parties should be so advised on the record outside the hearing of jurors.

          (Adopted, effective January 1, 2000)

Rule 2.7.5 Jury Instruction Conference

         Before final argument and after submission to the trial judge of all proposed jury instructions,
verdict and findings forms, a conference outside the presence of jurors will be held. Ordinarily, a reporter
or recorder is not required at the commencement of such conference.

        In the event the trial judge intends to give any instructions or use any form of verdict or findings
on the court's own motion, such instructions, verdicts or findings should be delivered to counsel.

          The trial judge will then discuss with counsel:

          (1)    Whether any requested proposed instructions, verdicts or findings are patently
          inappropriate and will be voluntarily withdrawn;

          (2)     Whether there is any patent omission of instructions, verdicts or findings which are
          appropriate and that may be given without objection;

          (3)        Whether there is any other modification, namely those to which the parties will stipulate.

        Counsel shall meet prior to this conference to discuss each other's jury instructions and classify
them into (1), (2) and (3) above.

        The foregoing unreported conference will generally result in clarification of the matters, and
creation of three categories of instructions, verdicts or findings that may be withdrawn, given or modified.

        Thereafter, the conference should be reported and the trial judge should confirm for the record the
matters agreed upon. The trial judge should also specify those instructions, verdicts and findings forms
the court proposes to give, refuse or modify, whether at the request of a party or on the court's own
motion. The court will hear any objections to the foregoing and rule thereon.

        The trial judge should sign each requested instruction and indicate the disposition thereof, all of
which shall be thereafter filed by the clerk. If a requested instruction is withdrawn, counsel shall so
indicate by writing "withdrawn" and signing or initialing such instruction.

          (Adopted, effective January 1, 2000)




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Superior Court of California, County of San Mateo



Rule 2.7.6 Refund of Jury Fees: Duty to Notify Court

Jury fees shall be refunded pursuant to CCP Section 631.3 only if the party depositing the fees has given
the master calendar coordinator written notice, at least two court days before the trial date, that the case
settled, dropped or that the party's motion for continuance has been granted.

          (Adopted, effective July 1, 2004 [former Rule 2.6])


                                             CHAPTER 5. GENERAL RULES

Rule 2.8 Family Law Rules

The local rules of San Mateo Superior Court relating to Family Law are contained in Division V of these
rules, infra.

(Adopted, effective July 1, 1996)

Rule 2.9 Required Action

Action shall be taken on all calendared cases and a future date for action shall always be set. No
case shall go “off calendar” without a future action being set.

(Adopted, effective July 1, 1996.)

Rule 2.10 Interpreters and Translators

a)      Notice. When a party desires an interpreter, it shall be the responsibility of that party to give
notice to the Court and all other parties of record. That party shall make arrangements for the presence
and the payment of the interpreter.

b)      Qualifications. Unless the interpreter is an official court interpreter, the interpreter’s name and
qualifications shall be provided to the court and opposing counsel five (5) court days prior to the date of
the interpreter’s appearance . If the interpreter is an official court interpreter, no prior disclosure is
required.

c)      Relations or friends. Without the consent of all parties, a relation or a friend may not be used as
an interpreter or translator in a contested proceeding.

(Adopted, effective January 1, 2000)


Rules 2.11 thru 2.19 (Reserved)


                                           CHAPTER 6. CIVIL TRIAL RULES

Rule 2.20 Trial Motions, Briefs, Statements, and Witness Lists

       Upon assignment to a trial department for trial by a jury, each party shall file with that
department the following:
             (1) Any in limine motions and response thereto;
             (2) Any trial briefs;
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Superior Court of California, County of San Mateo

                   (3)   A concise non-argumentative statement of the case to be read to the jury; and
                   (4)   A list of possible witness who may testify in the trial to be read to the jury panel by
                         the court.

                 (Adopted, effective January 1, 2002)


Rule 2.21 In Limine Motions

   Any in limine motions shall be served upon opposing counsel not less than five (5) days prior to trial.
Any response shall be served upon the proponent of the motion not later than the first appearance in the
Department of the Presiding Judge for trial assignment.

                 (Adopted, effective January 1, 2002)


Rule 2.22 Production of Exhibits

     Any party intending to offer any exhibit at the time of trial shall be prepared, by the time of
assignment to a trial department, with an original and sufficient copies of each such exhibit for all other
parties and the court. The court may make, in it discretion, any orders it deems appropriate regarding the
exchange and presentations of exhibits.

                 (Adopted, effective January 1, 2002)


RULE NUMBERS 2.23 TO 2.29 ARE RESERVED


                                             CHAPTER 7. COMPLEX CASES

Rule 2.30        Determination of Complex Case Designation.

A.      Decision of Complex Case to be Made by Presiding Judge

      The Presiding Judge shall decide whether an action is a complex case within the meaning of
California Rules of Court, Rule 3.400, subdivision (a), and whether it should be assigned to a single
judge for all purposes. All status conferences or other hearings regarding whether an action should be
designated as complex and receive a singly assigned judge shall be set in the Presiding Judge’s
department.

B. Provisional Designation.

         An action is provisionally a complex case if it involves one or more of the following types of
claims: (1) antitrust or trade regulation claims; (2) construction defect claims involving many parties or
structures; (3) securities claims or investment losses involving many parties; (4) environmental or toxic
tort claims involving many parties; (5) claims involving massive torts; (6) claims involving class actions;
or (7) insurance coverage claims arising out of any of the claims listed in subdivisions (1) through (6).

        The Court shall treat a provisionally complex action as a complex case until the Presiding Judge
has the opportunity to decide whether the action meets the definition in California Rules of Court, Rule
3.400, subdivision (a).


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Superior Court of California, County of San Mateo

C.    Application to Designate or Counter-Designate an Action as a Complex Case.

       Any party who files either a Civil Case Cover Sheet (pursuant to California Rules of Court, Rule
3.401) or a counter or joinder Civil Case Cover Sheet (pursuant to California Rules of Court, Rule 3.402,
subdivision (b) or (c)), designating an action as a complex case in Items 1, 2 and/or 5, must also file an
accompanying Certificate Re: Complex Case Designation in the form prescribed by the Court. The
certificate must include supporting information showing a reasonable basis for the complex case
designation being sought. Such supporting information may include, without limitation, a brief
description of the following factors as they pertain to the particular action:

        (1)      Management of a large number of separately represented parties;
        (2)      Complexity of anticipated factual and/or legal issues;
        (3)      Numerous pretrial motions that will be time-consuming to resolve;
        (4)      Management of a large number of witnesses or a substantial amount of documentary
                 evidence;
        (5)      Coordination with related actions pending in one or more courts in other counties, states or
                 countries or in a federal court;
        (6)      Whether or not certification of a putative class action will in fact be pursued; and
        (7)      Substantial post-judgment judicial supervision.

      A copy of the Certificate Re: Complex Case Designation must be served on all opposing parties.
Any certificate filed by a plaintiff shall be served along with the initial service of copies of the Civil Case
Cover Sheet (pursuant to California Rules of Court, Rule 3.401), summons, and complaint in the action.
Any certificate filed by a defendant shall be served together with the service of copies of the counter or
joinder Civil Case Cover Sheet (pursuant to California Rules of Court, Rule 3.402, subdivision (b) or (c))
and the initial first appearance pleading(s).

D.    Noncomplex Counter-Designation.

     If a Civil Case Cover Sheet designating an action as a complex case and the accompanying
Certificate Re: Complex Case Designation has been filed and served and the Court has not previously
declared the action to be a complex case, a defendant may file and serve no later than its first appearance
a counter Civil Case Cover Sheet designating the action as not a complex case. Any defendant who files
such a noncomplex counter-designation must also file and serve an accompanying Certificate Re:
Complex Case Designation in the form prescribed by this Court and setting forth supporting information
showing a reasonable basis for the noncomplex counter-designation being sought.

     Once the Court has declared the action to be a complex case, any party seeking the Presiding Judge’s
decision that the action is not a complex case must file a noticed motion pursuant to Section H below.

E.    Decision by Presiding Judge on Complex Case Designation; Early Status Conference.

     If a Civil Case Cover Sheet designating an action as a complex case and the accompanying
Certificate Re: Complex Case Designation have been filed and served, the Presiding Judge shall decide as
soon as reasonably practicable, with or without a hearing, whether the action is a complex case and
should be assigned to a single judge for all purposes.

     Upon the filing of a Civil Case Cover Sheet designating an action as a complex case and the
accompanying Certificate Re: Complex Case Designation, the Clerk of the Court shall set a status
conference at which the Presiding Judge shall decide whether or not the action is a complex case. This
status conference shall be held no later than (a) 60 days after the filing of a Civil Case Cover Sheet by a
plaintiff (pursuant to California Rules of Court, Rule 3.401) or (b) 30 days after the filing of a counter


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Superior Court of California, County of San Mateo

Civil Case Cover Sheet by a defendant (pursuant to California Rules of Court, Rule 3.402, subdivision (a)
or (b)), whichever date is earlier.

     Alternatively, in his or her sole discretion, the Presiding Judge may make the decision on complex
case designation and single assignment, without a status conference, based upon the filed Civil Case
Cover Sheet and accompanying Certificate Re: Complex Case Designation alone.


F.   Notice.
     The party who seeks a complex case designation or a noncomplex counter-designation must give
reasonable notice of the status conference to the opposing party or parties in the action even if they have
not yet made a first appearance in the action. Such notice of the status conference shall be given in the
same manner as is required for ex parte applications pursuant to California Rule of Court, Rule 379.

G.    Representations to the Court.

       By presenting to the Court a Certificate Re: Complex Case Designation, an attorney or
unrepresented party is certifying to the best of that person’s knowledge, information, and belief, formed
after reasonable inquiry under the circumstances:

        (1)      That the complex case designation or noncomplex counter-designation is not being presented
                 for any improper purpose, such as to harass or to cause unnecessary delay or needless
                 increase in the cost of litigation;

        (2) That the claims, defenses, or other legal contentions referenced therein are warranted by
             existing law or by a non-frivolous argument for the extension, modification, or reversal of
             existing law or the establishment of new law;

        (3)      That the statement of supporting information relevant to the complex case designation or
                 noncomplex counter-designation have evidentiary support or are believed, in good faith,
                 likely to have evidentiary support after a reasonable opportunity for further investigation or
                 discovery; and

        (4)      That there is a reasonable basis for that party’s complex case designation or noncomplex
                 counter-designation.

     If, after notice and a reasonable opportunity to be heard, the Court determines that this subpart has
been violated, the Court may impose an appropriate sanction upon the attorneys, law firms, or self-
represented parties that have violated this subpart.

H.  The Presiding Judge’s Continuing Power.
    With or without a hearing, the Presiding Judge may decide, on his or her own motion or on a noticed
motion by any party, that a civil action is a complex case or that an action previously declared to be a
complex case is not a complex case.

I.    Pilot Program; Sunset Provision. (Repealed, effective 1/1/2007).

(Adopted, effective July 1, 2004)(Amended, effective July 1, 2005) (Amended, effective January 1,
2006)(Amended, effective January 1, 2007)


RULE NUMBERS 2.31 TO 2.35 ARE RESERVED


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Superior Court of California, County of San Mateo

CHAPTER 8. ACCESS TO COURT RECORDS

Rule 2.36        Public Access and Privacy

        Please reference. California Rules of Court, Rule 1.20.

        (Adopted, effective January 1, 2008)

Rule 2.37        Public Access.

Exhibits or attachments to a document that are filed or lodged with or otherwise presented to the court,
that are not otherwise marked as confidential or sealed, may be subject to public viewing and access
either at the courthouse or electronically on-line (California Rules of Court, Rule 2.503, et seq.).

        (Adopted, effective January 1, 2008)

Rule 2.38        Electronic Access.

Documents that are part of a court record are reasonably made available to the public electronically under
the Court’s Electronic Imaging program as permitted by California Rules of Court, Rules 2.500, et seq.
Documents that are not properly protected by being marked confidential or sealed by court order may be
subject to public access as discussed in Rule 2.38.

          (Adopted, effective January 1, 2008)




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Superior Court of California, County of San Mateo

                                            DIVISION III
                              CIVIL LAW AND MOTION - SUPERIOR COURT

CHAPTER 1. GENERAL PROVISIONS

Rule 3.1         Application .................................................................................................................... 300
Rule 3.2         Law and Motion Calendars ........................................................................................... 300
Rule 3.3         Form of Papers .............................................................................................................. 300
Rule 3.4         Points and Authorities ................................................................................................... 300
Rule 3.5         Declarations and Affidavits ........................................................................................... 300
Rule 3.6         Judicial Notice ............................................................................................................... 301
Rule 3.7         Notice of Hearing and Filing of Papers ......................................................................... 301
Rule 3.8         List of Parties ................................................................................................................. 301
Rule 3.9         Continuances and Taking Matters Off Calendar ........................................................... 301
Rule 3.10        Tentative Rulings .......................................................................................................... 301
Rule 3.11        Opposition on Ground of Unavailability of Evidence ................................................... 302
Rule 3.12        Evidence at Hearing ...................................................................................................... 302
Rule 3.13        CourtCall Telephonic Appearances ............................................................................... 302
Rule 3.14        Motions for Summary Judgment and Summary Adjudication ...................................... 302
Rule 3.15        Unlawful Detainers ........................................................................................................ 303
Rule 3.16        Motions to Continue Arbitration ................................................................................... 303
Rule 3.17        Motions After Trial ....................................................................................................... 303
Rule 3.18        Motions to Reconsider ................................................................................................... 304
Rule 3.19        Ex Parte Applications and Orders ................................................................................. 304




2007 Div III, Table of Contents                                      - i-                                                     Revised 1/1/2008
Superior Court of California, County of San Mateo

                                          DIVISION III
                            CIVIL LAW AND MOTION - SUPERIOR COURT

      GENERAL PROVISIONS

        The following rules are intended as a supplement to the California Rules of Court. California
Rules of Court, Rules 2.200, 3.350, 3.1000 through 3.1390 are incorporated by reference. As used in
these rules, CRC means California Rules of Court and CCP means the Code of Civil Procedure.

Rule 3.1 Application

The following rules apply to cases of unlimited jurisdiction and to cases of limited jurisdiction except
where the Economic Litigation Act provides otherwise.
        (Adopted, effective, January 1, 2000)

Rule 3.2 Law and Motion Calendars

All Law and Motion matters are heard in the Law and Motion Department except for the following
matters, which are heard by the Presiding Judge:

        (1) Motions affecting a trial date including preference setting and motions to continue trial.

        (2) Writs of mandate and prohibition

        (3) Orders to show cause re preliminary injunction

        (4) Motions to continue arbitration.

        (Adopted, effective January 1, 2000)

Rule 3.3 Form of Papers

        Reference CRC, rules 2.100-2.119, 3.1110,

        (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007)

Rule 3.4 Points and Authorities

        Reference CRC, rule 3.1113.

        (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007)

Rule 3.5 Declarations and Affidavits

        Reference CRC, rule 3.1115(a) and CCP '2015.5.

        (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007)




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Superior Court of California, County of San Mateo

Rule 3.6 Judicial Notice

        Reference CRC, rule 3.1306

        (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007)

                                                     HEARINGS

3.7 Notice of Hearing and Filing of Papers

        Reference CRC, rules 3.1300, 3.1302, CCP §§ 1005, 1005.5, 1010, et seq., 1011 and 1014
        (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007)(Amended, effective July 1, 2008)

3.8 List of Parties

        Reference CRC, rule 3.254

        (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007)

3.9 Continuances and Taking Matters Off Calendar

a)    Reference CRC, rule 3.1304

b)     Monetary Sanctions. Failure to advise the court at least three court days before the hearing of the
fact that the hearing will not proceed as scheduled, for any reason other than settlement of the case or
resolution of the issue within the three-day period, may be deemed by the court to be a violation of an
order of the court, punishable by money sanctions payable to the County under Code of Civil Procedure
section 177.5

c)    Drops. The Clerk’s Office cannot drop a matter from the Law & Motion calendar unless a
document is received (by fax, mail, e-mail or courier) from the moving party to drop the hearing from
calendar.

d)    Continuances, or advances. The Clerk’s Office cannot continue or advance a matter unless all
parties have agreed in writing (by fax, mail, e-mail or courier) to the new date.

        (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007)

3.10 Tentative Rulings

a)    Reference California Rules of Court, rule 3.1308.

b)    Availability. A tentative ruling on a law and motion matter may be obtained by telephoning
(650) 599-3481, after 3:00 p.m. or by accessing the court’s website at:
               http://www.sanmateocourt.org/director.php?filename=./lawmotion/alltentrules.php

       on the first court day immediately preceding the hearing on the motion.

c)    Notice of Intent to Appear. Reference California Rules of Court, rule 3.1308(a)(1).
Parties intending to appear on the matter shall notify the Law and Motion Department or the department
hearing the case and state their intent to appear. Parties shall follow the instructions as directed on the
telephone Tentative Ruling notification message or on the Court’s website.

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Superior Court of California, County of San Mateo


        (Adopted, effective July 1, 2000) (Amended, effective January 1, 2007)   (Amended, effective July 1, 2007)


3.11 Opposition on Ground of Unavailability of Evidence

      Any opposition on the basis of C.C.P. Section 437c (h) shall give detailed and specific information
as to (1) facts establishing a likelihood that controverting evidence may exist, (2) specific reasons why
such evidence cannot be presented at the present time, (3) an estimate of the time necessary to obtain such
evidence, and (4) steps or procedures which the opposing party intends to take to obtain such evidence.

        (Adopted, effective July 1, 1996)

3.12 Evidence at Hearing

        Reference CRC, rule 3.1306.

        (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007).

3.13 CourtCall Telephonic Appearances

a)    Reference CRC, rule 3.670 and 3.722

(b)   Procedure.
      (1) Telephone appearances through the use of CourtCall are permitted in non-evidentiary law and
      motion hearings. A party wishing to make a telephone appearance must serve and file a Request
      for Telephone Appearance Form with CourtCall not later than 4:30 p.m. on the first court day prior
      to the appearance. Copies of the Request Form and accompanying information sheet are available
      in the Clerk’s office. There is a fee for each CourtCall appearance. There is a fee to parties for
      each CourtCall appearance and fees are paid directly to CourtCall. Confirmation of the request will
      be faxed by CourtCall.

      (2) On the day of the hearing, counsel must check-in five minutes prior to the hearing. Check-in
      is accomplished by dialing the courtrooms dedicated toll-free teleconference number and access
      code that will be provided by CourtCall in the confirmation. Any attorney calling after the check-in
      period shall be considered late for the hearing and shall be treated in the same manner as if the
      attorney had personally appeared late for the hearing.

        (Adopted, effective January 1, 2000) (Amended, July 1, 2005) (Amended, effective January 1, 2007)
        (Amended, effective January 1, 2008)

      PARTICULAR PROCEEDINGS

3.14 Motions for Summary Judgment and Summary Adjudication

        Reference CRC, rules 3.1352, 3.1354.

        (Adopted, effective January 1, 2000)   (Amended, effective January 1, 2007).


3.15 Unlawful detainers

(a)   Reference CCP 418.10, 1170.5(b) and (c), and CCP '1005.
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(b) Timing. A motion to quash service of summons on the ground of lack of jurisdiction, pursuant to
CCP§ 418.10(a), must be made not less than three days nor more than seven days after the filing of the
notice. The hearing on the motion shall be automatically set on the first Law and Motion date, which is
not less than three, nor more than seven days after the filing of the notice. When a demurrer, a motion
pursuant to CCP '1170.5(b) and (c) or any other motion or pleading is filed other than an answer, the
hearing thereon shall be automatically set on the first Law and Motion Calendar following the date of the
filing, if that calendar is five or more days after filing. If not, the hearing shall be set for the second Law
and Motion Calendar following the date of the filing. (See CCP ' 1005.) Motions for summary judgment
or judgment on the pleadings shall be calendared on the first Law and Motion Calendar occurring five or
more days after personal service of the notice of motion or ten or more days after service by mail. Should
any party notice a demurrer, motion for summary judgment or other motion on a date beyond the time set
forth in this Rule, any other party may apply for an ex parte order setting an earlier hearing date.

        (Adopted, effective January 1, 2000).

3.16 Motions to Continue Arbitration

a)    Reference CRC, rule 3.817.

(b)   Declaration in support. Any application to continue an arbitration hearing shall be supported by a
      declaration showing:

        (1) The date the arbitrator was assigned;

        (2) The date on which the arbitration hearing is currently set;

        (3) The reason for and period of any previous continuance;

        (4) Good cause under the standards recommended in Section Nine of the Standards of Judicial
        Administration for the continuance and;

        (5) Whether all parties and the arbitrator have stipulated to the proposed continuance.

        (Adopted, effective January 1, 2000)    (Amended, effective January 1, 2007).

Rule 3.17 Motions After Trial

         All motions after trial until judgment is final shall be heard in the department where the case was
tried at a time designated by the judge of that department.

        (Adopted, effective July 1, 1996)

Rule 3.18 Motions to Reconsider

        Reference CCP '1008.
        (Adopted, effective July 1, 1996) (Amended, effective January 1, 2000)

3.19 Ex Parte Applications and Orders

a)      Reference CRC, rule 3.1200-3.1207 and 2.306.



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Superior Court of California, County of San Mateo

b)      Time and Place. Ex parte hearings are held from 2:00 to 3:30 P.M. Monday through Friday. In
general, all ex parte applications shall be presented in the Law and Motion Department except for the
following, which shall be presented to the Presiding Judge:

        (1)      Motions affecting a trial date including preference setting and motions to continue trial

        (2)      Writs of Mandate and Prohibition

        (3)      Temporary Restraining Orders and Orders to Show Cause re Preliminary Injunction

        (4)      Motions to continue arbitration

c)      Notice. Notice of an ex parte application may be given by fax if the parties have an existing fax
service agreement and the proof of service complies with the requirements of CRC 2.306.

        (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007).




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Superior Court of California, County of San Mateo


                                                                 DIVISION IV
                                                      PROBATE DEPARTMENT

CHAPTER 1. ORGANIZATION AND ADMINISTRATION

  Rule 4.1            General Provisions .....................................................................................................         400
  Rule 4.2            Hearing     .................................................................................................................    401
  Rule 4.3            REPEALED Contested Matters .................................................................................                     402
  Rule 4.4            Length of Hearing ....................................................................................................           402
  Rule 4.5            Non-Appearance .........................................................................................................         402
  Rule 4.6            Appearance .................................................................................................................     403
  Rule 4.7            Ex Parte Matters .........................................................................................................       403

CHAPTER 2. PLEADINGS

  Rule 4.8            Caption       ................................................................................................................   404
  Rule 4.9            Petition     .................................................................................................................   404
  Rule 4.10           Judicial Council Forms .............................................................................................             405
  Rule 4.11           REPEALED Accounts ...............................................................................................                405
  Rule 4.12           Verification (Eff. 7/1/96) ............................................................................................          405

CHAPTER 3. SPOUSAL PROPERTY PETITION

  Rule 4.13           REPEALED Statement of Title ..................................................................................                   405
  Rule 4.14           Allegations in Support of Showing of Community Property .....................................                                    405
  Rule 4.14.1         Spousal Property Petition Filed with Petition for Probate ..........................................                             406
  Rule 4.15           Fees         .................................................................................................................   406
  Rule 4.16           Election of Surviving Spouse to Administer Property ...............................................                              406

CHAPTER 4. APPOINTMENT OF EXECUTORS AND ADMINISTRATORS:
             PROOF OF WILLS
 Rule 4.17   Appointment of Special Administrator ......................................................................                               407
 Rule 4.18   Petition for Probate of Will and Letters of Administration .......................................                                        407
 Rule 4.18.1 Holographic Wills .......................................................................................................                 407
 Rule 4.18.2 Foreign Wills ..............................................................................................................              407
 Rule 4.18.3 Attachment 9 to Petition for Probate ..........................................................................                           408
 Rule 4.19   Notice Requirements ..................................................................................................                    408
 Rule 4.19.1 Service of Notice .......................................................................................................                 409
 Rule 4.19.2 Publication .................................................................................................................             410
 Rule 4.20   Proof of Wills .............................................................................................................              410
 Rule 4.21   Lost or Destroyed Wills ..............................................................................................                    410
 Rule 4.22   Renunciations and Declinations to Act ......................................................................                              410

CHAPTER 5. BOND

  Rule 4.23           REPEALED Evidence as to Amount of Bond ...........................................................                               410
  Rule 4.24           When Bond Is Not Required ......................................................................................                 411
  Rule 4.24.1         Statement of Waiver in Petition .................................................................................                411
  Rule 4.24.2         Two or More Personal Representatives ......................................................................                      411
  Rule 4.24.3         Separate Bonds for Individuals ..................................................................................                411
  Rule 4.24.4         Independent Power to Sell Real Property ...................................................................                      411

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Superior Court of California, County of San Mateo

  Rule 4.25      Nonresident Executors or Administrators ..................................................................                     411
  Rule 4.26      Reducing Bond ...........................................................................................................      412
  Rule 4.26.1    Withdrawn Funds From Blocked Account ................................................................                          412
  Rule 4.27      Duty to Apply for Order Increasing Bond ..................................................................                     412
  Rule 4.27.1    Bond Upon Sale of Real Property ..............................................................................                 412

CHAPTER 6. INVENTORY AND APPRAISEMENT

  Rule 4.28      Probate Referee Appointment .................................................................................... 412
  Rule 4.29      Preparing Inventory and Appraisal ............................................................................. 413
  Rule 4.30      Sufficiency of Bond ................................................................................................... 413
  Rule 4.31      Waiver of Appraisal by Referee ................................................................................. 413

CHAPTER 7. CLAIMS

  Rule 4.32      Nature and Form of Claims ........................................................................................             413
  Rule 4.33      Filing and Listing Claims ...........................................................................................          414
  Rule 4.34      Approval by the Court ................................................................................................         414
  Rule 4.35      REPEALED Rejection of Claims by Personal Representative .................................                                      414
  Rule 4.36      Funeral and Interment Claims ....................................................................................              414
  Rule 4.37      Claims of Personal Representatives ...........................................................................                 415
  Rule 4.38      Compromise of Claims ...............................................................................................           415

CHAPTER 8. SALES

  PART I. GENERAL INFORMATION

  Rule 4.39      Judicial Approval ....................................................................................................... 415
  Rule 4.40      Exclusive Listings for Sale of Property ...................................................................... 415

  PART II. SALES OF PERSONAL PROPERTY

  Rule 4.41      Tangible Personal Property (Probate Code Sections 10250-10264) ........................... 416
  Rule 4.42      Securities .................................................................................................................. 416
  Rule 4.43      Condominiums, Community or Cooperative Apartments ........................................... 416

  PART III. RETURN OF SALES OF REAL PROPERTY

  Rule 4.44      Publication of Notice of Intention to Sell Real Property ............................................                          417
  Rule 4.45      Return of Private Sale .................................................................................................       417
  Rule 4.46      Broker's Commissions ................................................................................................          418
  Rule 4.47      Broker's Commissions in Overbid Situations .............................................................                       419

CHAPTER 9. ACCOUNTS

  Rule 4.48      In General .................................................................................................................   419
  Rule 4.49      REPEALED Summary of Account Form ...................................................................                           419
  Rule 4.50      REPEALED Contents of Account ............................................................................                      419
  Rule 4.51      REPEALED Reporting Income and Principal ............................................................                           419
  Rule 4.52      REPEALED Allegations re Sufficiency of Bond .......................................................                            419
  Rule 4.53      REPEALED Trustee's First Account ........................................................................                      419
  Rule 4.54      REPEALED Waiver of Accounting on Final Distribution ........................................                                   420

Div IV, Table of Contents                                                  - ii-                                                 Revised 1/1/2009
Superior Court of California, County of San Mateo

CHAPTER 10. DISTRIBUTION OF PROBATE ESTATE

  Rule 4.55      Description of Assets ................................................................................................ 420
  Rule 4.56      Asset Distribution ....................................................................................................... 420
  Rule 4.57      Allegation re Character of Assets ............................................................................... 420
  Rule 4.58      Agreements for Distribution of Assets ....................................................................... 420
  Rule 4.59      Assignment of Assets ............................................................................................... 421
  Rule 4.60      Allegations re Heirs of Predeceased Spouse When Decedent Dies Intestate ............. 421
  Rule 4.61      Distribution to Persons Under Conservatorship or Guardianship .............................. 421
  Rule 4.62      Distribution to Minors ................................................................................................ 421
  Rule 4.63      Distribution to Representative of Deceased Heir or Beneficiary ............................... 421
  Rule 4.64      Distribution to Intestate Heirs .................................................................................... 422
  Rule 4.65      Interest on General Pecuniary Legacies ..................................................................... 422
  Rule 4.66      Requirements re Final Distribution ............................................................................ 422
  Rule 4.67      Tax Procedures re Final Distribution .......................................................................... 422
  Rule 4.68      Preliminary Distribution Under Section 11621 ........................................................... 423

CHAPTER 11. MISCELLANEOUS PETITIONS AND ORDERS

  Rule 4.69      Family Allowance (Sections 6540-6545) ...................................................................                423
  Rule 4.70      Borrowing Money (Sections 9800-9807) ...................................................................                 423
  Rule 4.71      Operating a Business (Sections 9760(c)and (d)) ........................................................                  424
  Rule 4.72      Determining Title to Real or Personal Property(Section 9860) ..................................                          423
  Rule 4.73      Substitution or Withdrawal of Attorney .....................................................................             423
  Rule 4.74      Obtaining Final Discharge ........................................................................................       424
  Rule 4.75      Proceedings to Establish Fact of Death (Sections 200-204) ......................................                         424

CHAPTER 12. GUARDIANSHIPS AND CONSERVATORSHIPS

  Rule 4.76      Temporary Conservatorships ...................................................................................... 425
  Rule 4.77      REPEALED Guardianships ......................................................................................... 426
  Rule 4.77.1    Petition for General Guardianship .............................................................................. 426
  Rule 4.77.2    Hearing Dates ............................................................................................................. 427
  Rule 4.77.3    Service of Documents ................................................................................................ 428
  Rule 4.77.4    Proof of Service of the Notice of Hearing................................................................... 428
  Rule 4.77.5    Personal Appearance .................................................................................................. 428
  Rule 4.77.6    Multiple Wards ........................................................................................................... 428
  Rule 4.77.7    Investigation of Guardianship and Filing of Reports ................................................. 428
  Rule 4.77.8    Factors to Be Addressed in Guardianship Investigative Reports ............................... 428
  Rule 4.77.9    Alternative Guardian .................................................................................................. 429
  Rule 4.77.10   Order Appointing Guardian ........................................................................................ 430
  Rule 4.77.11   Guardian of the Estate ................................................................................................ 430
  Rule 4.77.12   Current Address / Relocation ..................................................................................... 430
  Rule 4.77.13   Review of Guardianship ............................................................................................. 430
  Rule 4.77.14   Temporary Guardianship – emergency situations only .............................................. 431
  Rule 4.77.15   Accounts and Reports ................................................................................................. 432
  Rule 4.77.16   Fees for Guardian and for Attorney for Guardian ...................................................... 432
  Rule 4.77.17   Discharge ................................................................................................................. 432
  Rule 4.78      Use of Minor's Assets for Support .............................................................................. 432
  Rule 4.79      Disposition of Minor's Funds (Sections 3410-3413)................................................... 433
  Rule 4.80      Compromise of Claims ............................................................................................. 433
  Rule 4.81      REPEALED Conservatorships ................................................................................... 433
  Rule 4.81.1    Petition for Appointment of Conservator ................................................................... 434
Div IV, Table of Contents                                               - iii-                                               Revised 1/1/2009
Superior Court of California, County of San Mateo

  Rule 4.81.2         Notice        .................................................................................................................   435
  Rule 4.81.3         Conservatorships and Trustees Qualifications ...........................................................                          435
  Rule 4.81.4         Special Requirements on Appointment or Termination of Conservator ....................                                            436
  Rule 4.81.5         General Plan ...............................................................................................................      437
  Rule 4.81.6         Letters of Conservatorship of the Estate ....................................................................                     437
  Rule 4.81.7         Changes of Address ....................................................................................................           437
  Rule 4.81.8         Private Professional Conservators ..............................................................................                  437
  Rule 4.81.9         Waiver of Bond .........................................................................................................          438
  Rule 4.81.10        Request for Dementia Powers ....................................................................................                  438
  Rule 4.81.11        Visits to the Conservatee ............................................................................................            439
  Rule 4.81.12        Medical Consent Authority ........................................................................................                439
  Rule 4.81.13        Exclusive Authority to Give Medical Consent ...........................................................                           439
  Rule 4.81.14        Inventory and Appraisement ......................................................................................                 440
  Rule 4.81.15        Independent Powers – Sale of Real Property and of Conservatee’s Residence .........                                               440
  Rule 4.81.16        Waivers of Account ...................................................................................................            440
  Rule 4.81.17        Accounts and Reports ................................................................................................             441
  Rule 4.81.18        Confidential Status Report ........................................................................................               441
  Rule 4.81.19        Disclosure of Fees for Private Professional Conservators ..........................................                               442
  Rule 4.81.20        Death of Conservatee .................................................................................................            442
  Rule 4.81.21        Time for Allowing Compensation ..............................................................................                     442
  Rule 4.81.22        Obtaining Final Discharge ..........................................................................................              443
  Rule 4.82           Substituted Judgment ................................................................................................             443

CHAPTER 13. COMMISSIONS AND FEES

  Rule 4.83           Statutory Compensation in Decedent's Estates ...........................................................                          444
  Rule 4.84           Compensation for Extraordinary Services in Decedents' Estates ...............................                                     444
  Rule 4.85           Compensation Conservators and Their Attorneys ......................................................                              445
  Rule 4.86           Time for Allowing Compensation ...........................................................................                        446
  Rule 4.87           REPEALED Procedure ..............................................................................................                 446
  Rule 4.88           Court Investigation Assessments ................................................................................                  446
                      APPENDIX A to Chapter 13 .....................................................................................                    447


CHAPTER 14. TRANSACTIONS INVOLVING INCOMPETENT SPOUSE
  Rule 4.89           Prior Court Approval is Required for any Action Specified In § 3100, et seq. ........... 449


CHAPTER 15. TRUSTS
 Rule 4.90     Trustee’s Accounts .....................................................................................................                 450
 Rule 4.91     Notice to Beneficiaries ...............................................................................................                  450
 Rule 4.92     Compensation of Trustees and Attorneys for Trustees ..............................................                                       450
 Rule 4.93     Trusts Established Before Distribution of Probate Estate ..........................................                                      450
 Rule 4.94     Trusts Created Pursuant to Court Order .....................................................................                             451
 Rule 4.95     Fees for Public Guardian and County Counsel ..........................................................                                   452
 Rules 4.96 through 4.99 RESERVED
 Rule 4.100 Independent Counsel ..................................................................................................                      452




Div IV, Table of Contents                                                        - iv-                                                  Revised 1/1/2009
Superior Court of California, County of San Mateo

                                               DIVISION IV
                                        PROBATE DEPARTMENT

                     ALL REFERENCES TO CODE SECTIONS REFER TO THE PROBATE CODE
                                    UNLESS OTHERWISE INDICATED

                      CHAPTER 1. ORGANIZATION AND ADMINISTRATION

Rule 4.1 General Provisions

A.      Tentative Rulings: Tentative rulings on probate matters may be obtained by phoning (650) 599-
3481 after 3:30 p.m. one court day prior to the hearing.

         Matters set on the non-appearance calendar are not automatically pre-approved. If an appearance
will be necessary for a matter that had been set on the non-appearance calendar, the tentative ruling tape
will instruct the attorney to appear. If the attorney will not be able to appear on the previously scheduled
non-appearance hearing date, the attorney may contact the research attorney and the matter will be
continued to the first available date when the attorney can appear.

B.      Continuances in Conservatorship and Guardianship Matters: The attorney of record, or petitioner
in pro per, will be allowed to continue conservatorship and guardianship matters twice; however, only one
continuance will be allowed for General Plan and/or Inventory and Appraisement hearing. If a further
continuance is requested, an appearance will be required by the attorney or the self-represented
conservator or guardian, before the Court will consider granting another continuance.

C.       Continuances in Probate Matters Other Than Conservatorship and Guardianships. The attorney
of record, or petitioner in pro per, will be allowed to continue all other probate matters twice. If the
matter is not ready for hearing after two continuances it will be dropped from the probate calendar, and
the matter will have to be reset and re-noticed before it will be heard.

D.       Appropriate Dispute Resolution, ADR, Policy Statement.
         Contested probate matters, including will and trust contests, are uniquely well suited for various
types of ADR processes including, but not limited to, mediation, neutral evaluation and arbitration. The
Court finds that ADR can contribute to the prompt, economical and satisfying resolution of probate
disputes. Accordingly, unless otherwise ordered, any contested probate matter set for an evidentiary
hearing or trial shall be referred to ADR as soon as the Probate Department is aware the contested matter
will not be resolved by declaration on the regular Probate Department Calendar. The Court may refer
parties to ADR at the initial hearing in the case or at any other point in the proceedings deemed
appropriate. Cases also may be referred directly to ADR by agreement of the parties.

         (1)    ADR Referral Procedures.
                Upon referral to ADR, the judge will order parties and their counsel to meet with or contact
                court ADR staff to discuss their ADR options and the court’s ADR program.

                The Court expects parties to complete ADR within 60-90 days after the initial referral to
                ADR, unless otherwise ordered or good cause is shown to dispense with this requirement.

         (2)    Stipulation and Order to ADR.
                Parties shall, within 21 days of the date of the referral to ADR, file a completed Stipulation
                and [Proposed] Order to ADR with the court. The Stipulation shall include the name of the
                neutral, the date of the ADR session and the names of those who will attend. A copy of the
                Court’s standard probate Stipulation form is available at the probate counter in the Clerk’s
                Office, on the court’s website or by contacting the ADR Department.

Division IV, Rules                                  - 400 -                                   Revised 1/1/2009
Superior Court of California, County of San Mateo

E.       Sanctions: Failure to comply with local rules may result in sanctions under the Superior
         Court of California, County of San Mateo Local Court Rule 0.2.

         (Adopted, effective July 1, 1996;Amended, effective January 1, 2003; effective July 1, 2004)

Rule 4.2 Hearing

A       Hearing Schedule. As of January 1, 2004, Probate matters will be heard on Monday, Tuesday,
Wednesday and Friday in the designated Probate Department at 9:00 a.m. Please check with the Court
Clerk’s Office, Probate Division or the Court’s website at www.sanmateocourt.org for future schedule
changes. There is no regular probate calendar on Thursdays. LPS conservatorship matters are heard by
the court on Wednesday in the designated Probate department at 11:00 a.m.

B       Probate Calendar. The regular probate calendar sets only a limited number cases on cases each
day (approximate 15 to 20). Counsel may request/set the date of the hearing on the moving papers. If the
requested date is unavailable, the clerk shall calendar the hearing date to the next earliest available
hearing date. The clerk’s office shall notify the attorney of record of any such resetting.

C.      Advancing Hearing Dates/ Orders Shortening Time. If a probate matter cannot be heard on the
date requested due solely to the fact that the court’s calendar is full, counsel/self-represented parties may
make ex parte application to the court to advance the hearing upon a demonstration of good cause.
Probate matters may be heard on less than the statutory required notice only upon the issue of an Order
Shortening Time (OST) by the court. OST’s may be obtained ex parte upon notice and a demonstration of
good cause.

D.       Telephonic Appearances

         (1) Telephonic appearances on the probate calendar are governed by California Rules of Court,
         Rule 3.670.

         (2) Judicial Approval. Telephonic appearances through the use of an independent vendor,
         currently CourtCall, are permitted at certain probate hearings. Telephonic appearances are not
         permitted for initial conservatorship and guardianship appointments (Probate Code, §1514,
         §1825), petitions for Temporary Restraining Orders (e.g., elder abuse cases) or any other matters
         within the court’s discretion. See Rule 4.6

         (3) Procedure. A party wishing to make a telephone appearance that has been permitted by the
         court must serve and file a Request for Telephone Appearance Form with CourtCall not later than
         4:30 p.m. on the first court day prior to the appearance. Copies of the Request For CourtCall
         Appearance form and accompanying information sheet are available in the Clerk’s office. There
         is a fee to parties for each CourtCall appearance and fees are paid directly to CourtCall.
         CourtCall will fax confirmation of the request to parties.

         On the day of the hearing, counsel and parties appearing by CourtCall must check-in five minutes
         prior to the hearing. Check-in is accomplished by dialing the courtroom’s dedicated toll-free
         teleconference number and access code that will be provided by CourtCall in the confirmation.
         Any attorney or party calling after the check-in period shall be considered late for the hearing and
         shall be treated in the same manner as if the person had personally appeared late for the hearing.

         (4) Referral to ADR. At the hearing, parties may be referred to an appropriate dispute
         resolution (“ADR”) process (e.g., mediation, arbitration or neutral evaluation). If parties are
         referred to ADR, they must redial the dedicated toll-free teleconference number immediately
         following their appearance and use a second CourtCall access code to telephonically appear at the

Division IV, Rules                                 - 401 -                                   Revised 1/1/2009
Superior Court of California, County of San Mateo

         ADR referral meeting with court ADR staff. If a case has been referred to ADR, a party’s court
         appearance is not complete until they have also telephonically appeared at the mandatory ADR
         referral. See also ADR Rule 4.01

         (Adopted, effective July 1, 1996; Amended, effective January 1, 2003; Amended, effective July
         1, 2004, Amended, effective July 1, 2006) (Amended, effective January 1, 2007)

Rule 4.3 Contested Matters

         (Adopted, effective July 1, 1996; REPEALED, effective July 1, 2004)

Rule 4.4 Length of Hearing

The estimated length of the hearing shall determine on which calendar the matter is to be set.

A.     All matters estimated by counsel/ self-represented party to last no longer than fifteen (15)-
minutes in duration shall be set on the daily probate calendar.

B.       All matters estimated by counsel to require a hearing of longer than fifteen (15) minutes shall be
set on the long cause calendar. Long cause matters will be specially set in the designated probate
department depending upon the court's calendar and availability. Counsel/self-represented parties shall
notify the clerk of the court in the Probate department to receive a special set hearing date and time. If the
court’s calendar and availability do not permit the hearing of the long cause matter, counsel/self-
represented parties will be directed to notify the Master Calendar Coordinator (650) 363-4895 to obtain a
date on the master calendar.

         (1) When a matter is put on the long cause calendar, all papers in support or opposition of the
         matter must be filed and served five (5) court days in advance of the hearing date in the office of
         the Clerk of the Court, Probate Division.

         (2)    All long cause matters shall comply with the Law and Motion rules.

         (Adopted, effective July 1, 1996; Amended, effective January 1, 2000, effective July 1, 2004)

Rule 4.5 Non-Appearance

Those matters which may be determined upon a verified petition and without testimony shall be
submitted for appropriate action by the Court without appearance by counsel/self-represented parties or
witnesses provided that all required documents are submitted timely, as follows:

A.      All declarations, affidavits, consents, waivers, proofs of service, proofs of publications, proposed
orders and other necessary papers shall be delivered to the Superior Court Clerk’s Office, Probate
Division, no later than five (5) court days prior to the hearing. Supporting papers filed after the moving
papers must show the scheduled hearing date on the face sheet.

B.       The verified petition or an accompanying affidavit signed by the petitioner or by the personal
representative or by counsel of record for either of said persons shall set forth the information necessary
to establish the amount of bond, if one is required.

C.      Failure to submit all necessary papers 5 court days prior to the hearing will result in a continuance
of the matter at the court's discretion and convenience.

D.       All matters will be non-appearance except as stated in Rule 4.6 or where required by the court.

Division IV, Rules                                 - 402 -                                    Revised 1/1/2009
Superior Court of California, County of San Mateo


         (Adopted, effective July 1, 1996; Amended, effective July 1, 2004)


Rule 4.6 Appearance

A.      Generally. An appearance will be required on the hearing of all matters that are not pre-granted
or continued on the Court’s Tentative Rulings that are reported on the tape-recorded telephone message or
on the Court’s website at www.sanmateocourt.org.

B. Telephone Appearance. Except in petitions to appoint a conservator or guardian, or confirm a sale
of property, telephone appearances may be allowed in matters where counsel has made arrangements
through CourtCall. Reference is made to Local Rule 4.2.

C. Filing of Appearance Initiating Documents. All supporting papers for the party initiating an
appearance on the probate calendar shall be filed no later than five (5) court days prior to the hearing.
Replies shall be filed no later than two (2) court days prior to the hearing. Filing of papers shall occur in
the office of the Clerk of the Court, Probate Division at the location where the matter is to be heard.

D. Proposed Order. Except in the case of confirmations of sales and contested matters, a proposed
order must be submitted to the office of the Clerk of the Court, Probate Division, at least five (5) court
days in advance of the scheduled hearing date, with the scheduled hearing date noted on the face sheet.
Failure to submit a timely proposed order five (5) days in advance of the hearing may result in a
continuance of the hearing.

E.    Personal appearance by counsel will be required in the following cases:

      (1)       Contested matters.
      (2)       Proof of holographic wills, only when specially required by the hearing judge.
      (3)       Hearings on petitions for court confirmation of sales of property.
      (4)       Appointment of guardian or conservator.
      (5)       Any non-routine matter that by law requires the personal appearance of any person.

         (Adopted, effective July 1, 1996)(Amended, effective January 1, 2000; effective July 1, 2004)


Rule 4.7 Ex Parte Matters

A.      Ex parte petitions shall only be brought when specifically authorized by the Probate Code, in
exigent circumstances or in emergencies.

B. Notice of the ex parte petition shall be given to all parties entitled by provision of the Probate Code
to receive notice of the matter which is the subject of the ex parte petition by the time as required by
California Rules of Court, Rule 3.1203-3.1204.

C. All ex parte applications must allege whether special notice has been requested. If special notice
has been requested, the application must identify each person who has requested such notice and must
allege that special notice has been given to that person or has been waived by that person. A proof of
service of special notice or a written waiver of special notice must be presented with each application.

All Probate ex parte applications must comply with California Rules of Court, Rules 3.1203-3.1204.



Division IV, Rules                                 - 403 -                                    Revised 1/1/2009
Superior Court of California, County of San Mateo

D. Each petition for an ex parte order must be verified and must contain sufficient evidentiary facts to
justify issuing an order.

   Probate ex partes shall be heard each afternoon between the hours of 2:00p.m. and 3:30p.m. in the
department assigned to hear regular probate matters. No prior appointment need be made for any ex parte
                                                hearing.

      (Adopted, effective July 1, 1996)(Amended, effective January 1, 2000; effective July 1, 2004)
      (Amended, effective January 1, 2007)


                                        CHAPTER 2. PLEADINGS

Rule 4.8 Caption

All probate pleadings shall conform to the caption requirements of Code of Civil Procedure §422.30.

In addition, all probate pleadings must clearly and completely identify the nature of the relief sought or
granted. The caption of the pleading shall include the date, time and location of any scheduled hearing.
All pleadings shall have identified the attorney of record or state that the party is appearing in pro per. A
facsimile number, if available, shall be included below the attorney's/self-represented party's telephone
number.

Reference: CCP § 422.30, California Rules of Court, Rules 3.1110 and 7.102.

      (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004) (Amended, eff. January 1,
      2007)

Rule 4.9 Petition

The use of petitions for instructions is limited to those matters for which no other procedure is provided
by statute. All petitions for instructions shall include a memorandum of points and authorities filed in
support of the petition, with appropriate citations. The petition shall also set forth the specific instructions
which the petitioner believes the court should order.

All other petitions seeking relief which is not provided for by statute, shall include a memorandum of
points and authorities filed in support of such relief, with appropriate citations. The petition shall also set
forth the specific nature of the relief sought.

           (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)

Rule 4.10 Judicial Council Forms

A. All Judicial Council adopted Probate forms must be used where applicable (Probate Code § 1001,
California Rules of Court, Rule 7.101). In addition, the Superior Court in San Mateo County requires the
use of the following local court forms:

      1.      Conservatee’s Information and List of Relatives (PR-1)
      2.      Notification to Court of Addresses for Guardianship (PR-2)
      3.      Request for Appointment of Probate Referee [Probate Estates](PR-5)
      4.      Uncontested Calendar Request [All Probate](PR-CV-FL-7)
      5.      Declaration for Northern Branch Assignment (PR-CV-FL-14)
      6.      Guardianship Affidavit, Questionnaire, and Declaration (PR-18)

Division IV, Rules                                  - 404 -                                    Revised 1/1/2009
Superior Court of California, County of San Mateo

      7.        Confidential Status Report (Conservatorship) (PR-19) (or a more detailed pleading that
                contains, at the minimum, all of the information that is required in PR 19).

B. All pertinent information requested on a form must be completed in its entirety before being
submitted to the Probate Clerk’s office for filing.

           (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)
           (Amended, effective July 1, 2005)(Amended, effective July 1, 2006)


Rule 4.11 Accounts         Deleted effective July 1, 1996; refer to Rule 4.49


Rule 4.12 Verification

Verifications are required when filing the following probate documents:
        Petitions, Reports and Accountings, Objections, or responses to Petitions/ Reports/ Accountings.

           Reference: Probate Code, §§ 1020-1023; and California Rules of Court, Rules 7.103, 7.104.

           (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)

CHAPTER 3. SPOUSAL PROPERTY PETITION

Rule 4.13 Statement of Title

           (Adopted, effective July 1, 1996; REPEALED, effective July 1, 2004)


Rule 4.14 Allegations in Support of Showing of Community Property

A.      If record title to property, either real or personal, is not in community property form, and the
petitioner seeks confirmation of the property as community property, the petitioner must allege the facts
necessary to give rise to the legal conclusion that the property in question is community property
including, but not limited to:

           1.  Date and place of marriage.
           2.  The decedent’s net worth at time of marriage.
           3.  Whether or not the decedent received any significant gifts or inheritance after marriage;
               and,
           4. That the property to be set aside is not traceable to such initial net worth or later gift or
               inheritance.
           5. Date of transmutation, if needed.

B.      If the decedent and surviving spouse were married outside California or lived outside California
during the marriage, the same allegations required above must be made respecting the decedent’s net
worth at the time of entry or each re-entry into California.




Division IV, Rules                                   - 405 -                                 Revised 1/1/2009
Superior Court of California, County of San Mateo


C.       For all transmutations of title to real or personal property made after January 1, 1985, there must
be an express written declaration that is made, joined in, consented to, or accepted by the spouse whose
interest in the property is adversely affected.

D.       If the community or quasi-community property claim is based on any document, a copy of the
document showing signatures must be attached to the petition. However, if the document is lengthy and
only portions of it are relevant to the claim, only the relevant portions need be attached. If it is believed
that disclosure of the document would be detrimental, the document or the relevant portions may be
paraphrased in the petition accompanied by a statement that a copy of the document itself will be made
available to the Court.

Reference: Family Code §§ 850-853; Probate Code §§ 100-101 and §§13500-13660; and California
Rules of Court, Rule 7.301.

         (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)


Rule 4.14.1 Spousal Property Petition Filed with Petition for Probate

Refer to the California Rules of Court, Rule 7.301 for requirements.
Reference: Family Code §§ 850-853; Probate Code §§ 100-101 and §§13500-13660

        (Adopted, effective July 1, 2004)
Rule 4.15 Fees

Pursuant to Probate Code Section 13600, fees for services connected with filing a spousal property
petition are not subject to court approval, except as provided in that section.

Reference: Family Code §850-§853; Probate Code §100-§101 and §13500-§13660; and California Rules
of Court, Rule 7.301.

         (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)


Rule 4.16 Election of Surviving Spouse to Administer Property

If the personal representative elects to administer the community, quasi-community, or separate property
passing to or belonging to a surviving spouse pursuant to Probate Code, 13502, the election must also be
supported by a written statement by the surviving spouse indicating a consideration of the alternative
procedures available to the surviving spouse. The written statement must also contain an
acknowledgment by the surviving spouse that the inclusion of the property in the administration could
result in appraisal fees, commissions and attorney fees, that are higher than if an alternative procedure
was used.

Reference: Family Code 850-853; Probate Code 100-101 and 13500-13660; and California Rule of
Court, Rule 7.301.

         (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)


           CHAPTER 4. APPOINTMENT OF EXECUTORS AND ADMINISTRATORS:
                               PROOF OF WILLS

Division IV, Rules                                 - 406 -                                     Revised 1/1/2009
Superior Court of California, County of San Mateo


Rule 4.17 Appointment of Special Administrator

Counsel must personally present the petition to the Court. Such petitions would ordinarily require
appearance and notice as required in California Rule of Court, Rules 3.1200-3.1207. Except in the
instance of a contest, special letters will issue for only a specified period of time. Although preference is
given to the person entitled to letters, if it appears that a bona fide contest exists, the Court will consider
the advisability of appointing a neutral person or corporate fiduciary.

Reference: Probate Code 8000-8547 and 10400-10503; and California Rule of Court, Rules, 3.1200-
1207, 7.50-7.55.

         (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004) (Amended, effective January
         1, 2009)


Rule 4.18 Petition for Probate of Will and Letters of Administration

Copies of all instruments offered for probate must be attached to the petition.

         (Adopted, effective July 1, 1996) (Sections (a), and (c) have been renumbered new Rules 4.18.1,
         4.18.2, and 4.18.3)

Rule 4.18.1 Holographic Wills

When a holographic instrument is offered for probate, by filing it with the Court and attaching it to the
Petition for Probate and other supporting papers (e.g., proof of Holographic Instrument), a typewritten
copy must be accompany the holographic instrument.

         Reference: Probate Code 8000-8547 and 10400-10503; and California Rules of Court, Rules
         7.50-7.55.

         (Adopted, effective July 1, 2004, formerly Rule 4.18(a))

Rule 4.18.2 Foreign Wills
Where an instrument written in a foreign language is offered, it must similarly be accompanied by an
English translation, the accuracy of which is verified by the translator.

         Reference: Probate Code 8000-8547 and 10400-10503; and California Rules of Court, Rules
         7.50-7.55.

.        (Adopted, effective July 1, 2004, formerly Rule 4.18 (a))

Rule 4.18.3     Attachment 9 to Petition for Probate

In addition to those required by law, the following persons shall be listed on Attachment 9 to the Petition
for Probate:

              1.      Even though a decedent died testate, the petition, as in the case of intestacy, must
              contain the names and relationships of all the heirs of the decedent. An heir is any person
              who would be entitled to distribution of a part of the decedent’s estate (including those who
              would be heirs by virtue of Section 6402.5 if the decedent had a predeceased spouse) if the
              decedent had died intestate.

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             2.       All contingent heirs and legatees must be listed including persons provided for in the
             will but whose bequests have been revoked by a subsequent codicil.

             3.       If a named legatee predeceased the decedent or did not survive for the designated
             survival period, that fact must be stated together with the approximate date of death (counsel
             is advised to review the notice requirements when a beneficiary has died). Reference:
             California Rules of Court, Rule 7.51.

             4.      If an heir or legatee died after the decedent, that person shall be listed with the
             notation that he or she is deceased. If a personal representative has been appointed, the
             deceased heir or legatee shall be listed in care of the name and address of his or her personal
             representative. If no personal representative has been appointed, that fact shall be alleged
             (counsel is advised to review the notice requirements when a beneficiary has died).
             Reference: California Rules of Court, Rule 7.51.

         5. The nominated trustee(s) of a trust created by the will shall be listed.

         6. All executors and alternate executors shall be listed.

         Reference: Probate Code 8000-8547 and 10400-10503; and California Rules of Court, Rules
         7.50-7.55.

         (Adopted, effective July 1, 2004, formerly Rule 4.18 (c)) (Amended, effective January 1, 2007)

Rule 4.19 Notice Requirements

A.       Direct notice required. Noticing requirements are detailed and complex. Refer to the California
         Rules of Court, Rule 7.51(a).

B.       Notice to attorney. Refer to California Rule of Court, Rule 7.51(b)

C.       Notice to guardian or conservator: When a guardian or conservator has been appointed for a
         person entitled to notice, the notice must be sent to the guardian or conservator and, unless the
         court has dispensed with such notice, to the ward or the conservatee. Refer to California Rules of
         Court, Rule 7.51(c).
D.       Notice to minor. Refer to California Rule of Court, Rule 7.51(d)

E.       Notice required in a decedent’s estate when a beneficiary has died. Refer to California Rules of
         Court, Rule 7.51(e).

F.       Additional Notice Requirements: In addition to the above, notice must also be provided to the
         following:

         (1) To any alternative executor and to a non-petitioning co-executor;
         (2) To the Attorney General where there is a charitable trust involved as set forth in California
         Probate Code, section 8111.”

G.       Petition Removed from Calendar. If the original petition is taken off calendar, a new notice must
         be published and served.

H.       Defective Notice.


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         (1) Publication correct but mailing defective. The hearing normally will be continued to allow
         a new mailing at least 15 days before the continued hearing date.

         (2) Mailing correct but publication defective. The matter must be taken off calendar and a new
         notice must be given by publication and mailing.

      Reference: Probate Code 8000-8547 and 10400-10503; and California Rule of Court 7.50-7.55.
      (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)

Rule 4.19.1 Service of Notice

A. Service. The service must be completed by a person other than petitioner. The server must complete
a Proof of Service.

B. Proof of Service. A written Proof of Service (an original and two copies) must be filed with the Court
Clerk’s Office, Probate division in Room A, prior to the court hearing as prescribed by the California
Rules of Court. If service is required on more than one person, a separate Proof of Service may be
submitted for each service.

C. Declaration of Diligent Search. Refer to California Rules of Court, Rule 7.52(a).

D. Mailed notice to county seat. Refer to California Rules of Court, Rule 7.52(b).

E. The court may prescribe or dispense with notice. Refer to California Rules of Court, Rule 7.52(c)

F. No Proof of Service. If service is not completed or no written Proof of Service is on file with the
Court, the Court may continue the hearing on the Petition.

                (Adopted, effective July 1, 2004, formerly Rule 4.19(b))




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Rule 4.19.2 Publication.

         Refer to California Rules of Court, Rule 7.54.

         (Adopted, effective July 1, 2004, formerly Rule 4.19(c))


Rule 4.20 Proof of Wills

In uncontested matters, both witnessed and holographic wills may be proved by declaration without the
need of testimony in open court.

         Reference: Probate Code §§8000-8547 and §10400, specifically sections 8220, 8250 to 8254;
         California Rule of Court, Rules 7.50-7.55.

         (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)


Rule 4.21 Lost or Destroyed Wills

Declarations of witnesses will be required to prove a lost or destroyed will under the applicable provisions
of Sections 8220 - 8226. If the will is proved, the provisions shall be attached to the Order for Probate
per Probate Code Section 8223.

         Reference: Probate Code §8000-§8547 and §10400-§10503; and California Rule of Court Rules
         7.50-7.55.

         (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)

Rule 4.22 Renunciations and Declinations to Act

A written renunciation shall be filed by or on behalf of a nominated executor who does not petition as
such. Similarly, a written declination shall be filed by or on behalf of an individual who is entitled to
priority for issuance of letters of administration but does not desire to act as such. If the necessary
renunciation or declaration is not filed, the petition shall indicate the reason.

         Reference: Probate Code §8000-§8547 and §10400-§10503; and California Rule of Court Rules
         7.50-7.55.

         (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)


                                          CHAPTER 5. BOND

The guidelines in this chapter apply to guardians, conservators and trustees, as well as to personal
representatives, except as otherwise indicated in Chapter 12.


Rule 4.23 Evidence as to Amount of Bond

        (Adopted, effective July 1, 1996) (REPEALED, effective July 1, 2004)
Rule 4.24 When Bond Is Not Required


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A.      Personal Representative as Sole Heir/beneficiary.. When the verified petition for probate so
requests, unless the will requires bond, no bond will be required of the personal representative where the
petitioner is the sole heir or sole beneficiary under the will. However, the Court, in its discretion, may
require a bond.

B.      All Heirs/Beneficiaries Waive Bond.. When the verified petition for probate so requests, unless
the will requires bond, no bond will be required when all beneficiaries of the estate waive bond.
However, the Court, in its discretion, may require a bond.

         Reference: Probate Code 8480-8488 and 9700-9705; and California Rule of Court, Rules 7.201-
         7.206.

         (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)

Rule 4.24.1 Statement of waiver in petition

         Reference: California Rules of Court, Rules 7.201

         (Adopted, effective July 1, 2004)


Rule 4.24.2 Two Or More Personal Representatives

         Reference: California Rules of Court, Rule 7.202 and Probate Code 8481(a)(2).

         (Adopted, effective July 1, 2004)

Rule 4.24.3 Separate Bonds For Individuals

         Reference: California Rules of Court, Rule 7.203.

         (Adopted, effective July 1, 2004)


Rule 4.24.4 Independent Power To Sell Real Property

         Reference: California Rules of Court, Rule 7.205.

         (Adopted, effective July 1, 2004)

Rule 4.25 Non-Resident Executors Or Administrators

A nonresident nominated to serve as personal representative without bond shall be required to post bond
in such amount as the Court determines, absent a waiver of bond by all parties entitled to distribution.

         Reference: Probate Code 8480-8488 and 9700-9705; and California Rule of Court, Rules 7.201-
         7.206.

        (Adopted, effective July 1, 1996) (Amended, effective July 1,2004)
Rule 4.26 Reducing Bond

Bonds may be reduced at any time after appointment by an ex parte petition and order reducing bond,
together with a receipt of a depository showing that assets in the amount of the requested reduction have

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been so deposited. Such a petition must set forth the assets remaining in the estate after excluding those
held by the depository, and it must appear that the reduced bond adequately covers the amount to be
protected.

         (Adopted, effective July 1, 1996) (Amended, effective July 1,2004)


Rule 4.26.1 Withdrawing Funds from Blocked Account

An order authorizing release from a blocked account may be made ex parte. The petition shall set forth
the approximate value of the assets on hand, the approximate value of all assets under impound and the
amount of the existing bond the purpose for which the withdrawal is being made. Petitioner should recite
any limitations on the use of funds, including all existing court orders. Where assets will be coming into
or passing through the hands of the fiduciary so as to require an increase of bond, the fiduciary must set
forth the information necessary to enable the Court to determine the amount of the increase. The order
may provide for funds to be paid directly to a taxing authority or beneficiary or other person entitled
thereto.

         Reference: Probate Code 8480-8488 and 9700-9705; and California Rules of Court, Rules 7.201-
         7.206.

         (Adopted, effective July 1, 2004, formerly Rule 4.26(b))


Rule 4.27 Bond Modification

         Reference: California Rules of Court, Rule 7.204.

         (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)


Rule 4.27.1 Bond upon sale of real property

         Reference: California Rules of Court, Rule 7.206.

         (Adopted, effective July 1, 2004)


                         CHAPTER 6. INVENTORY AND APPRAISEMENT

Rule 4.28 Probate Referee Appointment

A.        A Probate Referee will be appointed by the court in all cases when the order for probate is
signed. To aid the Court in appointing a probate referee, the information requested in paragraph 4.c of the
petition for probate must be completed.


B.       Requests that a particular referee be appointed or not be appointed will generally be denied.

         Reference: Probate Code §§2610-2615 and §§8800-8980; and California Rules of Court, Rule
         7.501

         (Adopted, effective July 1, 1996)(Amended, effective July 1, 2004)

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Rule 4.29 Preparing Inventory and Appraisal

The California Probate Referee's Association has published a pamphlet, Probate Referees' Procedures
Guide, describing their suggested form for listing various inventory assets as well as their opinion as to
whether particular assets should be listed on Attachment 1 or 2. Although not an official publication, this
pamphlet is a good reference. Copies are available from any of the probate referees in San Mateo County.

         Reference: Probate Code §§2610-2615 and §§8800-8980; and California Rules of Court, Rule
         7.501

         (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)

Rule 4.30 Sufficiency of Bond

If there is a bond currently in force, the inventory and appraisement must disclose on its face, at the place
on the form above the attorney's signature, whether the amount thereof is sufficient or insufficient. (See
Local Rule 4.27 as to the procedure for modifying the bond.)

         Reference: Probate Code §§2610-2615 and §§8800-8980; and California Rules of Court, Rule
         7.501

         (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)


Rule 4.31 Waiver of Appraisal by Referee

The appraisal by a probate referee may be waived under Section 8903 for "good cause." The decision
whether good cause exists will be made by the Court on the basis of the facts set forth in the application.
A petition to waive the appraisal by a probate referee must be on a noticed motion. The appointed
probate referee shall also be given notice of this motion.

         Reference: Probate Code section 8903

         (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)

                                         CHAPTER 7. CLAIMS

Rule 4.32 Nature and Form of Claims

A.      Claim versus expense of administration: The Court will not approve "creditors' claims" which
represent obligations of the estate arising after the death of the decedent (except reasonable funeral
expense). Such expenses are properly expenses of administration, which shall be included for approval in
the account.

B.       Form of claims
              1.     Creditors' claims shall be submitted on Judicial Council forms but creditors' claims
              will be liberally construed in favor of their sufficiency if the content and format are in
              substantial compliance with the Probate Code. Satisfactory vouchers or proof of the claim
              should be attached.



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                2.     Any claim presented for filing more than four months after letters are first issued
                shall be accompanied by either (1) a copy of the Notice of Administration to Creditors
                showing that the claim is timely, or (2) a Court Order allowing a late filing of the claim
                pursuant to Section 9103.

         Reference: Probate Code §§ 9000-9392; and California Rules of Court, Rules 7.401-7.403.

         (Adopted, effective July 1, 1996) (Amended, Effective July 1, 2004)

Rule 4.33 Filing and Listing Claims

         Reference: Probate Code section 7.403

         (Adopted, effective July 1, 1996) (Amended, Effective July 1, 2004)


Rule 4.34 Approval by the Court

A. Personal Representative without Independent Powers

         Reference: California Rules of Court, Rule 7.401

B. Personal Representative with Independent Powers

         Reference: California Rules of Court, Rule 7.402.

         (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)


Rule 4.35 Rejection of Claims by Personal Representative

         (Adopted, effective July 1, 1996) (REPEALED, effective July 1, 2004)


Rule 4.36 Funeral and Interment Claims

         When interest has been paid in connection with the delayed payment of a claim for the reasonable
cost of funeral expenses, a specific allegation must be made in the report accompanying the account in
which credit for such payment has been taken, setting forth reasons for the delay in payment. The Court
will not allow credit for payment of interest where the delay in payment of the claim is not justified by the
facts set forth.

         Reference: Probate Code §§ 9000-9392; and California Rules of Court, Rules 7.401-7.403.

         (Adopted, effective July 1, 1996) (AMENDED, EFFECTIVE JULY 1, 2004)

Rule 4.37 Claims of Personal Representatives and Reimbursements to Personal Representatives and their
          Attorneys.

A.      Claims. A creditor's claim of the personal representative shall be noted as such. Such a claim
must be processed as provided in Section 9252 notwithstanding authority to act under the I.A.E.A.
Where there is more than one personal representative, a creditor's claim submitted by one of the personal
representatives must be approved by the other(s) before submittal to the Court for approval

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B.      Reimbursements. Payments to a personal representative as reimbursement for payment by that
personal representative of funeral expenses, expenses of last illness, or other debts of the decedent shall
be reported to the Court in the same manner as an administrative expense.

         Reference: Probate Code §§ 9000-9392; and California Rules of Court, Rules 7.401-7.403.

         (Adopted, effective July 1, 1996) (AMENDED, EFFECTIVE JULY 1, 2004)

Rule 4.38 Compromise of Claims

Probate Code section 9830 sets forth the mechanics for formal compromise of claims. The same result
may be accomplished more simply by having the personal representative approve the claim in the reduced
amount reached by settlement. If the claim had been rejected before the settlement, the rejection may be
withdrawn.

         Reference: Probate Code §§ 9000-9392; and California Rules of Court, Rules 7.401-7.403.

         (Adopted, effective July 1, 1996) (AMENDED, EFFECTIVE JULY 1, 2004)


                                         CHAPTER 8. SALES
                                     I. GENERAL INFORMATION

Rule 4.39 Judicial Approval

        For estates being administered pursuant to the I.A.E.A., judicial approval of sales or exchanges of
real or personal property is no longer required (Sections 10500 - 10503). For estates not being
administered pursuant to the I.A.E.A., confirmations of sales are still required. If the personal
representative of an estate being administered pursuant to I.A.E.A elects to follow Court supervised
procedures, then the sale of real property shall be preceded by statutory notice of sale pursuant to Sections
10300, et seq.

         (Adopted, effective July 1, 1996, Amended, effective January 1, 2000)

Rule 4.40 Exclusive Listings for Sale of Property

         Section 10150 is authority for a personal representative acting under I.A.E.A. to enter into an
exclusive agreement to sell real property without prior court approval. At the hearing on confirmation of
sale, the Court will determine the commission (without regard to the terms of the exclusive agreement)
and the allocation of it between the brokers involved in the sales.

         (Adopted, effective July 1, 1996)


                               II. SALES OF PERSONAL PROPERTY

Rule 4.41 Tangible Personal Property (Probate Code Sections 10250 - 10264)

A.      Necessity for appraisal: For estates subject to the I.A.E.A., sales of personal property may be
made without Court approval. In all other cases the sale of tangible personal property will ordinarily not
be approved unless the property has been appraised. For this purpose, a partial inventory and
appraisement may be filed or a letter appraisal may be obtained from the appointed probate referee.

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B.       Commissions: Commissions on sales of tangible personal property will be allowed only to
individuals holding a license authorizing them to deal in the type of property involved. A commission
will be allowed on the original bid only when the commission is requested in the return of sale. When
there is an overbid in court, a commission may be allowed to the successful broker, and, if the original bid
was subject to a commission, apportionment between the brokers will be made according to the same
rules as prescribed for real estate sales. The amount of the commission is within the Court's discretion
and will not ordinarily exceed a total of 5 percent of the sale price.

         (Adopted, effective July 1, 1996)


Rule 4.42 Securities

        Where proceeding under Section 10200, the petition for authority to sell must set forth a
minimum sales price as to all securities except those listed on an established exchange. The minimum
price must be a recent market quotation from the over-the-counter market, or if there is no recent market
quotation available or the securities are "closely held," the petition must set forth the basis for fixing the
minimum sales price.

         (Adopted, effective July 1, 1996)

Rule 4.43 Condominiums, Community or Cooperative Apartments

        A condominium is an interest in real property and must be sold as such, unless it is held as a
limited partnership. A community or cooperative apartment is personal property and must be sold as
such. However, the overbid on such assets will be computed on the same basis as in sales of real
property, and brokers' commissions will be allowed on the same basis as in sales of real property.

        The sale of a cooperative apartment will not be confirmed subject to the purchaser later obtaining
the acceptance of a Board of Directors or other governing body; therefore, the prospective purchaser
should obtain acceptance before seeking court confirmation.

         (Adopted, effective July 1, 1996)



                           III. RETURN OF SALES OF REAL PROPERTY

Rule 4.44 Publication of Notice of Intention to Sell Real Property

A.      Procedure: Notice shall be published (pursuant to section 6063 (a) of the Government Code
unless the Court grants an order shortening time) in all decedents' estates, except those in which there is a
power of sale in the will, or those estates administered with full authority under the I.A.E.A. If the
personal representative of the estate being administered under I.A.E.A. elects to follow Court supervised
procedures, then the sale shall be preceded by statutory notice of sale pursuant to Section 10300 et seq. In
all guardianships, conservatorships and court-supervised trusts except those in which the power of sale
has been previously granted by the Court the sale shall be preceded by statutory notice of sale. Notice of
sale shall be published in a newspaper published in the county in which the real property lies.

       If an executor or administrator having power of sale publishes a notice of sale of the real property
and proceeds with the sale thereunder, and later a technical defect appears, the defect cannot be cured by


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exercising the executor's or administrator's power of sale. The executor or administrator must publish a
new notice.

B.       Contents of Notice: In addition to a legal description of the property, the notice should contain
the street address or other common designation of the property, when available. If an exclusive listing has
been given, the notice should so state. If the property is to be sold subject to an encumbrance, the notice
should so state.

        If property is to be sold for cash only, the notice must so state. If the estate would prefer all cash
but will accept part cash and part credit, the notice should include the following language: "All cash, or
part cash and part credit, the terms and conditions of credit as are acceptable to the fiduciary and the
Court.

        Effect of Notice: Any offer accepted and returned to court for confirmation cannot be at variance
with the terms of sale contained in the notice.

         (Adopted, effective July 1, 1996, Amended, effective January 1, 2000)


Rule 4.45 Return of Private Sale

A.      Appraisal and Reappraisal: In order for a private sale to be confirmed, there must be on file an
appraisal of the property or a reappraisal for purposes of sale if the decedent's death or guardian's or
conservator's appointment occurred more than one year before the date of the private sale. The appraisal
or reappraisal should be on file prior to the hearing date on the return or may be presented at the hearing.

B.       Market Exposure of Property: Whenever it is brought to the attention of the Court that the
fiduciary has denied bona fide prospective buyers or their brokers a reasonable opportunity to inspect the
property, the returned sale will not be confirmed, and the sale will be continued to allow inspection.

C.       Second Deeds of Trust: The Court will approve the taking of a promissory note secured by a
junior deed of trust upon a showing that it serves the best interests of the estate.

D.       Hearing on Return of Sale and Overbid: Counsel must be prepared to state the minimum
necessary overbid, computed at the rate of 10 percent of the first $10,000, and 5 percent on the balance of
the sale price. Counsel should inform the original purchaser or his agent of the time and place of hearing
and advise that they be in court for the hearing.

E.      Application of Statutory Formula re Overbid: The Court must consider not only whether the bid
is arithmetically the highest, but also whether it is best. Counsel or the parties involved should be
prepared with factual information that will aid the Court in making this determination.

F.       Earnest Money Deposit by Bidder: No bid for the purchase of real property will be acceptable
unless accompanied by a minimum deposit of 10% of the amount bid in cash or its equivalent. When an
overbid is made in court, the over bidder must submit 10% of his overbid in cash or its equivalent at the
time of the hearing on the return of sale.

G.      Overbid Form: The Courtroom Clerk will give counsel a form to be completed on the overbid.
This form is to be returned to the Clerk before the end of that morning's probate hearings.

H.       Bond: The petition for confirmation of sale of real estate should set forth the amount of the bond
in force at the time of sale and the amount of property in the estate which should be covered by bond. If
no additional bond is required, or if bond is waived, that fact should be alleged.

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I.      Absence of Attorney for Estate at Confirmation Hearing: If someone is present who wishes to
overbid and the estate's attorney is absent from the hearing, the hearing will be continued for one week,
except where the fiduciary is present and requests that the sale proceed without the attorney.

         (Adopted, effective July 1, 1996)

Rule 4.46 Broker's Commissions

A.      Improved Property: The Court will ordinarily allow a broker's commission not to exceed 6
percent of the first $200,000, 5 percent of the next $300,000, and 4 percent of the balance of the sale
price. The parties may agree to a lesser percentage.

B.      Unimproved Property: The Court will ordinarily allow a broker's commission not to exceed 10
percent of the first $100,000, 8 percent of the next $200,000, and 5 percent of the balance of the sale
price. In the Court's discretion, a flat 10 percent may be allowed. In each instance, the Court will
determine what is "unimproved" real property.

C.    Order Must Show Commission Allocation: The order confirming sale must show the total
commissions allowed and any allocation agreed on between brokers. (For examples of allocation of
commissions, see Appendix A.)

D.      Commission Rates at Property Situs Will Apply: Where the property is not located in San Mateo
County, the Court will allow commissions based on the San Mateo County Probate Court schedules
unless it is shown that a larger commission would be allowed based on the schedule in effect in the
Probate Court of the County in which the property is located.

E.      Broker Bidding for Own Account not Entitled to a Commission: A broker bidding for his own
account is not entitled to receive or share in a commission. Estate of Toy 1977, 72 Cal. App. 3d 392.

         (Adopted, effective July 1, 1996)

Rule 4.47 Broker's Commissions in Overbid Situations

A.        Original Bidder and/or over bidder represented by Broker: Commissions are governed by
Probate Code Sections 10161 through 10166. See also the Law Revision Comments following those
sections.

B.        Original Bidder as over bidder: Once a net bid has been overbid in court, the original bidder may
elect to be represented by a broker in further bidding.

         (Adopted, effective July 1, 1996)


                                      CHAPTER 9. ACCOUNTS

Rule 4.48 In General

All accounts filed in probate proceedings, which include guardianship, conservatorship, and trust
accounts, must be typewritten and must conform to the California Rules of Court (CRC) adopted by the
Judicial Council, including without limitation California Rules Of Court, Rules 7.550, 7.901 and 7.902
and the California Probate Code, including sections 1060-1064, 2620-2633, 10900-11051, and 16060-
16064.

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                       (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)


Rule 4.49 Summary of Account Form

         (Adopted, effective July 1, 1996) (REPEALED, effective July 1, 2004)


Rule 4.50 Contents of Account

         (Adopted, effective July 1, 1996, Amended, effective January 1, 2000) (REPEALED, effective
         July 1, 2004)


Rule 4.51 Reporting Income and Principal

         (Adopted, effective July 1, 1996) (REPEALED, effective July 1, 2004)



Rule 4.52 Allegations re Sufficiency of Bond

         (Adopted, effective July 1, 1996) (REPEALED, effective July 1, 2004)

Rule 4.53 Trustee's First Account

         (Adopted, effective July 1, 1996) (REPEALED, effective July 1, 2004)


Rule 4.54 Waiver of Accounting on Final Distribution

         (Adopted, effective July 1, 1996) (REPEALED, effective July 1, 2004)

                      CHAPTER 10. DISTRIBUTION OF PROBATE ESTATE

Rule 4.55 Description of Assets

        The petition for distribution, whether or not an account is waived, must list assets on hand and list
and describe the property to be distributed, either in the body of the petition, by a schedule in the
accounting, or in a separate exhibit incorporated in the petition by reference. Description by reference to
the inventory is insufficient. Real property shall be described by legal description in the body of the
decree of distribution.

         (Adopted, effective July 1, 1996)


Rule 4.56 Asset Distribution

         The petition for distribution must state specifically how the estate is to be distributed. A general
allegation that distribution is "in accordance with the terms of the will" or "in accordance with the laws of
intestate succession" is insufficient.


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         The petition must show the computation on which the proposed distributions are based.

         Whether or not an accounting has been waived, the decree of distribution must set forth
specifically the manner in which the estate is to be distributed by showing the distributee's name and a
description of the property or cash, including bank account location, number and amount, to be
distributed. Mere reference to the allegations of the petition is insufficient and not acceptable to the
Court.

         (Adopted, effective July 1, 1996)


Rule 4.57 Allegation re Character of Assets

         Whether the decedent died testate or intestate, the petition for distribution must contain an
allegation as to the separate or community character of the property in all cases where the character of the
property may affect distribution.
         (Adopted, effective July 1, 1996)


Rule 4.58 Agreements for Distribution of Assets

        If distribution is to be other than according to the terms of the will or the laws of intestate
succession, there must be on file a written agreement signed by all parties affected by the distribution.

         (Adopted, effective July 1, 1996)


Rule 4.59 Assignment of Assets

        If distribution is to be made to an assignee of an heir, devisee or legatee, the assignment and the
terms thereof must be on file. (See Section 11604.)

         (Adopted, effective July 1, 1996)


Rule 4.60 Allegations re Heirs of Predeceased Spouse When Decedent Dies Intestate

        If an intestate decedent leaves neither issue nor surviving spouse and the decedent had a
predeceased spouse, the petition must either set forth the names, addresses and line of blood relationships
of the heirs who take by virtue of Sections 6402 and 6402.5 or affirmatively allege that there is no heir
who takes by virtue of either section.

         (Adopted, effective July 1, 1996)


Rule 4.61 Distribution to Persons Under Conservatorship or Guardianship

        The decree should provide for distribution of the property to the minor or the conservatee rather
than to the guardian or conservator, but must provide that actual payment or delivery be made to the
guardian or conservator.

         (Adopted, effective July 1, 1996)


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Rule 4.62 Distribution to Minors

        Where delivery of the assets is to be made to the minor's parent pursuant to Section 3401, the
declaration by complying with the provisions of that section must be on file before the decree is signed.

        Where a depository is to be used, the receipt and agreement of the depository must be filed as
required under Section 2328.

        If distribution is made to a custodian under Section 3900 et seq., a declaration complying with the
appropriate section thereunder must be on file.

         (Adopted, effective July 1, 1996)


Rule 4.63 Distribution to Representative of Deceased Heir or Beneficiary

        When an heir or beneficiary dies during the administration of an estate, the decree shall provide
for distribution to the personal representative of his estate (Sections 11801 and 11802) or, where
applicable to the person(s) entitled thereto under Sections 13100-13105.

         (Adopted, effective July 1, 1996)


Rule 4.64 Distribution to Intestate Heirs

The relationship of heirs who take by intestacy shall be sufficiently described to permit the Court to
determine whether the laws of intestate succession have been properly applied. If an heir takes by right of
representation, the petition must indicate parentage and the approximate date of the parent's death.

         (Adopted, effective July 1, 1996)

Rule 4.65 Interest on General Pecuniary Legacies

The Court will strictly enforce the policy set forth in Sections 12000 - 12007 and Estate of Hubbell
(1932) 216 Cal. 574, and will order payment of interest at the statutory rate on all general pecuniary
legacies not paid within one year from the date of decedent's death unless payment of interest is waived in
the will.

         (Adopted, effective July 1, 1996)

Rule 4.66 Requirements re: Final Distribution

A.      Allegations re Creditor's Claims: The petition for final distribution (whether or not on waiver of
accounting and whether or not the personal representative is acting under the I.A.E.A.) must list all
creditors' claims presented and indicate the disposition of each claim. If any claim has been rejected, the
date of service of notice of rejection must be stated, as well as its disposition, whether by suit or
otherwise. This information must be set forth in the petition for final distribution even though it may
have been presented to the Court in whole or in part in prior accountings or petitions for distribution.

B.       Allegations relating to Independent Acts: The petition for final distribution must list and describe
all independent acts taken without prior court approval and must contain an allegation that the 15-day
advice of proposed action was waived or duly served when required and that no objections were received.

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Sections 10587 - 10591. The originals of the advice of proposed action with attached declarations of
mailing must be available but need not be filed with the Court. If certain acts have been properly reported
in a prior petition for distribution, they need not be repeated.

C.     Retention of a Reserve: The decree of final distribution must specifically set forth the use that
may be made of retained funds (e.g., income taxes, closing costs, etc.).

D.      No petition for final distribution will be accepted for filing or considered by the Court unless an
inventory and appraisement marked final or complete has already been filed.

E.      No petition for distribution will be granted whereby any portion of an estate is distributed to a
nonresident, without a certificate from the Franchise Tax Board where required by law because of the
value of the estate or the assets distributable to such nonresident. See Revenue and Taxation Code §19513
and applicable regulations for dollar amounts.

         (Adopted, effective July 1, 1996, Amended, effective January 1, 2000)

Rule 4.67 Tax Procedures re Final Distribution

        The petition for final distribution must address the question of the source of the payment of the
federal estate tax and California estate tax, if any. If the will has a clause directing the payment of the
taxes out of the residue of the estate, this should be so alleged. If, on the other hand, there is no tax clause
or there is a tax clause which does not direct the source of payment, the amounts required to be prorated
or charged must be stated.

         (Adopted, effective July 1, 1996)

Rule 4.68 Preliminary Distribution Under Section 11621

        In addition to the requirements contained elsewhere in this chapter, the petition must state the
approximate net value of the property remaining in the estate after the proposed distribution and an
estimate of the total amount of unpaid taxes, unpaid claims and other liabilities. The Court prefers an
inventory and appraisement which includes the property to be distributed be on file.

                       (Adopted, effective July 1, 1996, Amended, effective January 1, 2000)


                     CHAPTER 11. MISCELLANEOUS PETITIONS AND ORDERS

Rule 4.69 Family Allowance (Sections 6540-6545)

A.       Necessary Allegations of Petition: All petitions for family allowance must state facts to show
that the allowance prayed for is necessary and reasonable, including:

      (1)      The nature and separate or community character of the probate estate and whether or not it
      is solvent;

      (2)       Whether others are entitled to family allowance;

      (3)       The approximate needs of the applicant, with reference to his or her standard of living and

      (4)       The applicant's income from other sources.


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B.      Duration of Family Allowance. All orders will limit family allowance to a definite period of
time. If the order is on an ex parte petition, family allowance will normally not be granted for a period
exceeding six months.

C.      Under Section 6540(a): Before an inventory is filed, an order for a family allowance under
Section 6540(a) may be made or modified ex parte or on noticed hearing; after an inventory is filed, such
an order may be made or modified only on noticed hearing, as provided by Section 6541(b).

D.     Under Section 6540(b): An order for a family allowance under Section 6540(b) may be made or
modified only on noticed hearing, as provided by Section 6541(c).

         (Adopted, effective July 1, 1996)


Rule 4.70 Borrowing Money (Sections 9800 - 9807)

A.      Inventory Must Show Security: If the loan is to be secured, an inventory describing the security
must be on file prior to the hearing.

B.       Bond Requirements: The petition under Section 9800 must state whether the personal
representative is serving with or without bond. If with bond, the Court must be advised -- either in the
petition or by supplemental declarations filed before the hearing, or by testimony at the hearing -- as to
the necessity for an increase in the bond.
         (Adopted, effective July 1, 1996)

Rule 4.71 Operating a Business (Section 9760(c) and (d))

        A separate order prescribing the notice to be given under Section 9760(c) and (d) must be
presented to the Court before the petition is filed. The Court may prescribe any reasonable notice, but
does not have the power to dispense with notice. Ordinarily, the Court will prescribe that at least 15 days'
notice must be given to the principal creditors and beneficiaries who might be affected.

         (Adopted, effective July 1, 1996)

Rule 4.72 Determining Title to Real or Personal Property (Section 9860)

         All notices of hearing given under Section 9860 must contain a description of the property
sufficient to give adequate notice to any party who might be interested in the property, including with
respect to real property, the street address, or if none, an indication of its location.

         (Adopted, effective July 1, 1996)

Rule 4.73 Substitution or Withdrawal of Attorney

        If an attorney wishes to withdraw from a probate proceeding as the attorney of record, he may do
so by filing a noticed motion, a substitution of attorneys, or a notice of withdrawal consented to by the
personal representative and containing the address of the personal representative or the substituted
attorney.
        (Adopted, effective July 1, 1996)

Rule 4.74 Obtaining Final Discharge



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         To assist the Court in determining whether final discharge should be ordered, counsel shall
submit to the Court, along with the declaration and order for discharge, a copy of the judgment of final
distribution and of all receipts of the distributees. The "order" portion shall be completely filled in except
for the date and name of the judge.

         (Adopted, effective July 1, 1996)

Rule 4.75 Proceedings to Establish Fact of Death (Sections 200-204)

A.     Filing Under Name of Decedent: A petition to establish the fact of death must be filed in the
name of the deceased person whose interest is to be terminated.

B.      Separate Petition Preferred: Although Section 202(b) authorizes a petition to establish the fact of
death to be included in a verified petition for probate of will or for letters of administration (but does not
authorize such a petition to be included in any other petition, such as a petition for final distribution), for
convenience of administration, attorneys are encouraged to file the petition as a separate petition.

C.       Description of Property: If the property affected is realty, a copy of the document showing the
decedent's interest must be attached to the petition and incorporated therein, or the verified petition must
set forth the entire instrument vesting title, including the recordation data. If the property affected is
personalty, the location and description of the property and the decedent's interest therein must be set
forth with particularity.

D.      Attorneys' Fees: There is no provision in the Probate Code for allowance of attorneys' fees in
proceedings to establish the fact of death. The attorney should make fee arrangements directly with the
client.

        If a surviving joint tenant failed during his lifetime to establish the fact of death of a previously
deceased joint tenant, an extraordinary fee may be awarded in the probate proceeding involving the
surviving joint tenant for those services performed after the death of the surviving joint tenant.

         (Adopted, effective July 1, 1996)



                     CHAPTER 12. GUARDIANSHIPS AND CONSERVATORSHIPS

Rule 4.76 Temporary Conservatorships

A.       In exigent circumstances, petitions may be presented ex parte between 2:00 -3:30 p.m. (M,T, W,
Th,F). On those days that the Probate Presiding Judge is not available, the petitioner shall present his/her
petition to the court’s Presiding Judge or the judge designated to hear ex parte matters. A separate
petition for the appointment of a regular conservator must first be on file and a hearing date assigned
before a petition for temporary conservator will be considered. Forms necessary for temporary
appointment of conservator are as follows:
         (1) Petition for Appointment of Temporary Conservator (GC-110);
         (2) Declaration regarding notice of ex parte hearing (Local Court Form PR-9);
         (3) Ex Parte Order Appointing Temporary Conservator (GC-140);
         (4) Proof of service regarding 5-day personal service of ex parte petition to proposed conservatee
              (if matter contested); and
         (5) Letters of Temporary Conservatorship (GC-150) and Temporary Bond Certificate (for
              estates).


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B.      Prior Review and Filing
        (1) Both temporary and permanent conservatorship petitions and subsequent filings must be filed
            at the Probate Clerk’s office before presentation to the Court. All filings regarding
            conservatorships must be accompanied by an original and two copies.

        (2) All petitions for temporary conservatorships must be submitted to the Probate Clerk’s Office
            for review by the Court Investigator’s Office prior to it being presented to the judicial officer
            for review. It is recommended that an appointment for review of the documents by the Court
            Investigator be made before submission to the clerk by calling 363-4351. After the Court
            Investigator’s review of the papers, a recommendation will be made to the Court that will
            accompany the petition to be presented to the judicial officer for review and ruling.

C.      Grounds: The emergency nature of the facts which are alleged as good cause for the appointment
must also be alleged. Petitions must be signed by the petitioner(s). (California Rules of Court, Rule
7.103.)

D.      Bond: Unless waived pursuant to 8481(a), full bond in accordance with Sections 8480 - 8482
will normally be imposed upon a non-corporate temporary conservator of the estate; if a lesser amount is
requested, good cause must be shown in the petition. The Court may in certain cases require a bond of a
temporary conservator of the person.
E.      Notice: Notice of the ex parte hearing must be given to the proposed conservatee (Probate Code,
Section 2250) and the persons listed in Probate Code, Sections 1821 and 1822. Notice and the declaration
regarding notice must comply with CRC 3.1200-3.1207, and must state whether any person entitled to
notice objects to the hearing. Reasons for shortening or dispensing with statutory notice must be alleged.

F.      Length of Appointment: A temporary conservator will not be appointed for a period exceeding
30 days or the date of the hearing assigned for the regular petition, whichever is later. It may be extended
for good cause shown by written order of the Court.

         (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)(Amended, effective July 1,
         2006) (Amended, effective January 1, 2007) (Amended, effective January 1, 2009)


Rule 4.77 Guardianships

         (Adopted, effective July 1, 1996, Amended, effective January 1, 2000; REPEALED, effective
         July 1, 2004 [See new Rules 4.77.1 to 4.77.17)


Rule 4.77.1 Petition for General Guardianship.

A petition may be filed for a guardianship of the person, guardianship of the estate, or both. This petition
must be filed in all cases, even if the guardianship is needed for a short period of time. A packet of blank
guardianship forms, including a list of all documents required to be filed with the Superior Court in San
Mateo County and information regarding the procedures for proper service of notification (PR-20) is
available from the Superior Court Clerk’s Office, Room A, 400 County Center, Redwood City, and on the
Internet at www.sanmateocourt.org. Each of the forms must be completed in its entirety, copied, and
returned to the Clerk’s office for filing before the Probate Clerk will assign a case number and set a
hearing date.. A case number and hearing date will be assigned by the Counter Clerk as part of the filing
process.

1.      The following documents (an original and two (2) copies) must be submitted with the initial
filing:

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         a.     Notice of Hearing (GC-020)
         b.     Petition for Guardianship (GC-210)
         c.     Confidential Guardian Screening Form (GC-212)
         d.    Guardianship Affidavit, Questionnaire, and Declaration (San Mateo County Local Form PR
               18)
         e.     Declaration Under UCCJEA (FL-105/GC-120)
         f.     Notification to Court of Addresses for Guardianships (San Mateo County Local Form, PR-
                2)
         g.     Consent of Guardian, Nomination and Waiver (GC-211) - this is a multi-purpose form, and
                must be submitted for the “Consent” of the guardian. The nomination and/or waiver
                provisions are optional. This form may be submitted in counterpart.
         h.     Duties of Guardian (GC-248)

2.      All documents will become part of the public record, with the exception of the Guardianship
Affidavit, Questionnaire, and Declaration (PR-18) and the Confidential Guardian Screening Form (JC-GC
212) (confidential except by court order – see California Rules of Court, Rule 7.1001).

3.      All filings must consist of an original and two(2) copies. Signatures must be in blue ink. The
clerk will retain the original and one (1) copy of all documents. (The clerk will deliver the copy to the
Court Investigators). The second copy will be stamped “endorsed filed” and will be returned to the filing
party for his/her records,

4.       The Guardianship Affidavit, Questionnaire, and Declaration (Local Form) should include the
            following information to assist the Court Investigators and the Court:
         a.   specific reasons why parents are not suitable
         b.   complete legal name, any other names used for the minor
         c.   development of the minor, whom minor has resided with since birth, and any special
              emotional, psychological, or physical needs; and ability of guardian to meet these needs.
         d.   daycare arrangements, if any; name, address and telephone number of person or facility
              providing care
         e.   schooling/education plan and any special needs
         f.   housing arrangements, own room or sharing
         g.   financial support and source
         h.   name and telephone number of physician
         i.   other relevant information (facts which should be revealed to the court but which the
              petitioner wishes to have remain confidential should be addressed to the Court Investigator
              and labeled, “For Confidential Use Only.” )

5.       It is recommended that every petitioner purchase a copy of the film, Becoming a Guardian,
         produced by the Judicial Council and the Superior Court, County of Solano. The video, DVD, or
         CD-ROM version of the film is available from the Probate Clerk’s Office at a minimal cost. A
         copy of the video is available for viewing at the Clerk’s Office in the Self-Help Center at the Hall
         of Justice.

         (Adopted, effective July 1, 2004 [formerly Rule 4.77 (a), (c), and (d)]) (Amended, effective
         July 1, 2006)

Rule 4.77.2 Hearing Dates

A.      A hearing date will be assigned at the Court Clerk’s Office, Room A when the documents are
filed. Guardianship matters are heard Monday, Tuesday, Thursday and Friday at 9:00 a.m.



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B.     Possible hearing dates may be inserted into the documents in advance after telephone inquiry
from the Clerk [650-363-4711]; but dates inserted in advance do not reserve a place on the Court
Calendar, and may be subject to change at the time of actual filing.

C.       Continuances. See Local Rule 4.1 above.

D.      Order shortening time. All applications for Order shortening time shall be submitted in the Court
Clerk’s Office, Probate Department rather than the Law and Motion Department.

         (Adopted, effective July 1, 2004)

Rule 4.77.3     Service of Documents

A.       It is the responsibility of the petitioner to arrange for service of the notice of the hearing of the
petition as set forth in Probate Code §1511, including a copy of the petition if required, unless a written
waiver of notice is filed.

B.      The service must be completed by a person other than the petitioner. The server must complete a
written Proof of Service.

C.      A written Proof of Service (an original and two copies) must be filed with the Court Clerk’s
Office, Room A, prior to the court hearing. If service is required on more than one person, a separate
Proof of Service may be submitted for each service.

D.      A copy of the notice, petition, and Guardian Screening form shall be mailed to youth and Family
Services 400 Harbor Blvd., Belmont, CA at least fifteen (15) days prior to the hearing.

E.      For petitions filed by non-relatives, a copy of the notice of hearing and petition must be mailed to
the Director of Social Services in Sacramento, California at least fifteen (15) days prior to the hearing.

         (Adopted, effective July 1, 2004 )

Rule 4.77.4 Proof of Service of the Notice of Hearing

A written proof of service must be filed with the Probate Clerk, Room A, at least five court days in
advance of the hearing date unless otherwise waived.

         (Adopted, effective July 1, 2004 )

Rule 4.77.5     Personal Appearance

All petitions for general guardian will require an appearance by the petitioner(s). See Local Rule 4.6,
above. The petitioner, the attorney (if any) and the proposed ward if age 12 or older, shall be present.
Young children should be left at home or in the Court day care center, on the second floor of the
Courthouse in Redwood City, unless otherwise ordered by the Court.

         (Adopted, effective July 1, 2004 )

Rule 4.77.6 Multiple Wards

A.       The Court will not appoint a guardian for several wards on a single petition and under the same
file number unless the minors are full siblings. Separate proceedings must be commenced for non-
siblings or half siblings. For sibling cases filed at the same time, only one filing fee will be required.

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B.     A separate Inventory and Appraisement shall be filed for the interests of each ward in cases
where multiple wards are listed under one case number.

C.       Separate accountings shall be filed for each ward subject to a guardianship of the estate.

         (Adopted, effective July 1, 2004 [formerly 4.77(b) )

Rule 4.77.7 Investigation of Guardianship and Filing of Reports.

A.      It is the policy of the Superior Court in San Mateo County to conduct an investigation in all
guardianship cases. Unless waived by the Court, an investigative report must be given to the Court prior
to the appointment of a general guardian of the person and/or the estate, pursuant to Probate Code
§1513(a).

B.      In all cases where the proposed guardian is a relative, the Chief Court Investigator shall assign an
Investigator who will conduct the investigation and file a written report at least five (5) court days prior to
the hearing date.

C.      In all cases where the proposed guardian is a non-relative, the Department of Youth and Family
Services will conduct the investigation and file a written report at least five (5) court days prior to the
hearing date. “Relative” is defined at Probate Code section 1513(g).

        4.    If the petition is filed at the recommendation of the Department of Youth and Family
Services, the petition shall refer to that Department’s recommendation, and the Department shall furnish
to the Court a copy of their Investigation Report, medical or educational evaluations, or other relevant
documents concerning the minor upon which they based their recommendation. In this event, a Court
Investigator would not need to be appointed for a further investigation and report.

         (Adopted, effective July 1, 2004 )


Rule 4.77.8 Factors to Be Addressed in Guardianship Investigative Reports.

In addition to the factors set forth in Probate Code §1513(a), the Investigation shall include:

A.      An in-person interview with the minor(s), the parent(s), and proposed guardian(s). If a parent is
not available for a personal interview, the report shall explain the circumstances and any contacts with the
parent.

B.      Telephone or written communication (as possible) with collateral contacts, such as school
teachers, daycare providers, neighbors, relatives, and other interested parties.

C.       A visit to the home of the proposed guardian.

D.       If a parent objects to the guardianship, a visit to the home of the parent.

E.       A criminal records check on the parent(s), the proposed guardian, and any other person over
fifteen (15) years who inhabits the guardian’s home.

         (Adopted, effective July 1, 2004 )



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Rule 4.77.9 Alternative Guardian.

A.      If neither the parent(s) nor the proposed guardian is found to be an appropriate caretaker for the
minor, the matter shall be referred to Youth and Family Services to determine if there is another
appropriate adult who will agree to act as guardian. That adult will be instructed to file a separate
guardianship petition for consideration by the Court.

B.     If no appropriate and willing adult is located to act as guardian, then the Department of Youth and
Family Services shall initiate a petition in the Juvenile Court pursuant to Welfare & Institutions Code
§300.

         (Adopted, effective July 1, 2004 )


Rule 4.77.10 Order Appointing Guardian

A.       It is the responsibility of the petitioner to prepare all proposed orders. An original and two copies
of the proposed order appointing guardian should be delivered to the Court Clerk’s Office in Room A at
least five court days before the hearing.

B.      The Court will fix a non-appearance hearing date for filing of the Inventory & Appraisal and/or
Receipt of Funds in Blocked Accounts for all guardianships of the estate.

C.       A fee will be assessed for Court Investigation unless deferred or waived by the court. The amount
of the fee shall specified in the order appointing guardian.

         (Adopted, effective July 1, 2004 )


Rule 4.77.11 Guardian of the Estate

The guardian of the estate shall be required to comply with the Local Rules applicable to conservators of
the estate. See Local Rules of Court, Rules 4.81.13 through 4.81.18 below.

         (Adopted, effective July 1, 2004 )


Rule 4.77.12 Current Addresses/Relocation

All attorneys and guardians are required to keep the Court informed of their current addresses and phone
numbers as well as the current address and phone number of the ward.

A child subject to guardianship shall not be relocated outside the State of California without a court order.
See Probate Code Section 2352.

         (Adopted, effective July 1, 2004 )

Rule 4.77.13 Review of Guardianship.

Guardianships will be reviewed annually. At the time of the granting of the petition for general
guardianship, a twelve-month review date will be set. The guardian will be instructed by the Court to
execute and return a ”Confidential Guardianship Status Report” form (Judicial Council form GC-251) to
the Court Investigator’s Office by the designated review date. The Court may calendar further review

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dates, if needed. The party must execute and return to the Court their “1513.2 Statement” by the
designated review date.

         (Adopted, effective July 1, 2004 )

Rule 4.77.14 Temporary Guardianship - Emergency Situations Only

A.      If temporary guardianship is necessary, the court may consider the application with a short notice
period (5 days) or no notice (ex parte). In exigent circumstances, petitions may be presented ex parte
between 2:00 – 3:30 p.m. (M,TU, W, TH,F) On those days that the Probate Presiding Judge is not
available, the petitioner shall present his/her petition to the court’s Presiding Judge or the judge
designated to hear ex parte matters. It is the policy of the Court not to change the residence of the
proposed ward absent exigent circumstances and a recommendation by the Court Investigation unit.

B.      All the forms for a general guardianship must be submitted before a petition for temporary
guardianship will be granted. The additional forms necessary for a temporary guardianship (original and
two copies) are:

         1.     Petition For Appointment Of Temporary Guardian . (GC-110)
         2.     Order Appointing Temporary Guardian or Conservator (GC-140)
         3.     Letters of Temporary Guardianship (GC-150)
         4.     Duties of Guardian (GC-248)
         5.     Declaration Regarding Notice of Ex Parte Hearing (Local Court Form PR-9)

C.      The petitioner and the attorney, if any, should be present when a temporary guardianship is
requested. A proposed ward age twelve (12) or older, should be present.

D       The Petition for General Guardianship and supporting documents must be filed and the fee paid
before a Petition for Temporary Guardianship is filed with the Court for consideration

E.       Filing and Prior Review of Documents
         1.    All documents shall be filed with the Court Clerk’s Office, Room A, at the Probate counter
               at 400 County Center, 1st floor, Redwood City.

         2.     All petitions for temporary guardianship must be submitted to the Probate Clerk’s office for
                review by the Court Investigator’s office prior to it being presented to the judicial officer
                for review. It is recommended that an appointment for review of the documents by the
                Court Investigator be made before submission to the clerk for filing by calling (650) 363-
                4351. After the Court Investigator’s review of the papers, a recommendation will be made
                to the Court, which will accompany the petition to be presented to the judicial officer for
                review and ruling.

F.      If the party seeking to be appointed guardian knows of an objection to the petition for temporary,
he or she must advise the Court.

G.      If the Court grants the petition appointing temporary guardian, the order will be filed and the
Clerk will issue the Letters of Temporary Guardianship. The order will specify an expiration date for the
Letters which will usually coincide with the date set for hearing of the general guardianship.

H.       After Letters are issued by the Clerk, certified copies may be purchased for a small fee.

         (Adopted, effective July 1, 2004 ) (Amended, effective July 1, 2005) (Amended, effective July
         1, 2006) (Amended, effective January 1, 2009)
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Superior Court of California, County of San Mateo



Rule 4.77.15 Accounts And Reports

A guardian of the estate shall file a Confidential Guardianship Status Report” form (Judicial Council form
GC-251) to accompany any account and report OR for request for release of blocked funds. For general
rules on accounts see Chapter 9 of these Rules.

         (Adopted, effective July 1, 2004 )

Rule 4.77.16 Fees for Guardian and for Attorney for Guardian.

A.       Refer to CRC, Rule 7.751

B.      Fees for attorneys for guardian of the person, when there is no guardianship of the estate, shall be
a matter of contract between the attorney and the guardian and not subject to court supervision.
Attorney’s fees for guardian of the person and/or estate which are to be paid from the estate of the ward
are subject to court approval and shall be computed and paid as set forth herein at California Rules of
Court, Rule7.751.

C.      If all the estate funds will be placed in blocked accounts, the Petition for Guardianship may
include a contemporaneous request for attorney’s fees incurred to establish the guardianship. In these
circumstances, the order of appointment should specify the name and address of the bank where the funds
shall be deposited and shall authorize the bank to disburse fees of a specified amount before the account
balance is blocked.

         (Adopted, effective July 1, 2004 )

Rule 4.77.17         Discharge

A.      Discharge of the guardian of the person is not required. Upon the ward attaining the age of 18,
the guardianship of the person expires by operation of law.

B.       Discharge of the guardian of the estate will first require the submission of a final account.

C.      After approval of the account, a separate declaration for final discharge must be submitted,
together with the Receipt executed by the former ward and a photocopy of the order settling the final
account and ordering delivery of assets to the former ward. The declaration must state the date on which
the ward reached majority.

         (Adopted, effective July 1, 2004 )


Rule 4.78 Use of Minor's Assets for Support

A.       In Guardianship Cases: If a minor has a living parent or receives or is entitled to support from
another source, prior court approval must be obtained before using guardianship assets for the minor's
support, maintenance or education. (Section 2422.) The petition must set forth the parents' financial
inability or other circumstances which in the minor's interest would justify use of the guardianship assets.
Such petition may be included in a petition for the appointment of a guardian. An order granting such
petition shall be for a limited period of time, usually not to exceed 6 months, or for a specific and limited
purpose.


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B.      Funds in Blocked Account in Non-Guardianship Cases: A request for withdrawal of amounts
necessary for the minor's support may normally be made ex parte if accompanied by a sufficient showing
of the need. However, where the minor has a living parent, the petition must contain the allegations
referred to in Subsection (a) above; in such cases the Court may require the obtaining of an order
prescribing notice and a calendared hearing.

         (Adopted, effective July 1, 1996)


Rule 4.79 Disposition of Minor's Funds (Sections 3410-3413)

A.      Contents of Petition: A petition under these sections must set forth jurisdictional facts, state the
amount to be paid and by whom, the amount of fees and reimbursement of costs requested, the relief
requested, and a statement of the reasons that the requested relief will best serve the interests of the minor.

B.      Notice: The petition may be presented ex parte if the only relief sought (other than
reimbursement for filing fee and award of reasonable attorneys' fees) is to deposit funds in a blocked
account and the amount involved does not exceed $20,000. Otherwise the petition must be noticed.

C.       The Order: Where the minor's funds are to be deposited in a blocked account, the order must
provide that the person holding funds shall disburse the ordered amount of fees and costs, if any, directly
to the person(s) entitled thereto and disburse the balance to the selected depository, whose name and
address must be specified. The order must also provide that the receipt by the depository of the funds and
a copy of the order must be filed forthwith upon the deposit of the funds. The receipt must acknowledge
that the funds may be withdrawn only on court order.

D.       Orders for Withdrawal of Impounded Funds: Where withdrawal is sought because the minor has
reached majority, and the order establishing the blocked account is not self-executing, a certified copy of
the minor's birth certificate or other convincing evidence of the minor's age must be presented with the
petition for withdrawal. The order must provide for the payment of the funds only to the former minor.

         (Adopted, effective July 1, 1996)

Rule 4.80 Compromise of Claims

(See generally Sections 2500-2507; 3500-3612; Code Civ. Proc. Section 372; Cal. Rules of Court Section
241)

A.       Court to Which Addressed

      (1)      Where the claim is the subject of a pending action, approval must be by the court to which
      the matter was assigned for trial or settlement, if any; otherwise, approval must be by the Probate
      Court in accordance with subparagraph (2) below.

      (2)      Where the claim is not the subject of a pending action and approval is sought in this county,
      it shall be addressed to the Probate Court, and if there is a guardianship or conservatorship
      proceeding pending, the approval must be had in that proceeding;

      (3)     In cases where the trial or settlement court has approved the basic settlement and
      compromise, the matter of the disposition of the net recovery may be referred to the Probate Court
      under Section 3600 et seq.



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B.       Contents of Petition to be presented to the Probate Court: In addition to the requirements of
Section 2506 and Cal. Rules of Court Section 241, the petition for compromise of a claim for a minor
should show the date of birth of the minor, the minor's place of residence, and the names and addresses of
the minor's parents. Current medical reports, giving a diagnosis and prognosis of the minor's or
conservatee's condition should be attached to the petition or submitted to the Court at the time of the
hearing.

C.       Notice re Probate Court matters: Where the claim is that of a minor and there is no guardianship
of the estate and the only relief sought (other than reimbursement for reasonable expenses, costs and
attorneys' fees) is to deposit the net recovery in a blocked account and the net recovery does not exceed
$20,000, the petition may be presented ex parte. In such cases the minor as well as the petitioner must be
present.

D.      Order: If the net proceeds received on behalf of a minor are to be made the subject of an
impound, the requirements contained in Local Rule 4.79(c) are applicable.      If the order deals with
the compromise of claims of more than one minor, the interest of each minor must be separately stated,
and the order must provide that there should be no commingling or combining of such interests.

E.      Attorneys' Fees: Except for good cause shown, attorneys' fees in excess of 25% of the net
settlement proceeds will not be allowed.

         (Adopted, effective July 1, 1996)

Rule 4.81 Conservatorships
        (Adopted, effective July 1, 1996, Amended, effective January 1, 1999; effective January 1, 2000;
        REPEALED, effective July 1, 2004)(See new Rules 4.81.1 to 4.81.21)

Rule 4.81.1 Petition for Appointment of a Conservator.

A.       A petition for establishment of a conservatorship requires the following forms:
         (1) Petition for Appointment of Probate Conservator (GC-310);
         (2) Confidential Supplemental Information (GC-312);
         (3) Notice of Hearing (GC-020);
         (4) Order Appointing Court Investigator (GC-330);
         (5) Capacity Declaration-Conservatorship (GC-335 );
         (6) Dementia Attachment to Capacity Declaration (GC-335A)
         (7) Citation (GC-320);
         (8) Confidential Conservator Screening (GC-314);
         (9) Duties of Conservator and Acknowledgment of Receipt of Handbook (GC-348);
         (10) Conservatee’s Information and List of Relatives (Local Court Form PR-1); and
         (11) Appointment of Probate Referee (Estate) local form.

B.       All filings regarding initial conservatorship petitions [initial petitions and supporting
documentation, amended petitions or other amended supporting documents] or Petition for Independent
Powers must consist of an original and three copies of each document stated herein. Signatures should be
made with blue ink. The Clerk will retain the original and two copies of all documents filed. (The Clerk
will deliver the copies to Court Investigators.) The third copy will be returned to the party for his or her
records, stamped “endorsed-filed”. The information contained in the Confidential Supplemental
Information and Confidential Conservator Screening are not part of the public record.

C.       Subsequent filings regarding conservatorships [accountings, confidential status reports, other
petitions or documents] must consist of an original and two copies. Signatures should be made with blue
ink. The clerk will retain the original and one copy of all documents filed. (The clerk will deliver the copy

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to the Office of the Court Investigator.) The second copy will be returned to the party for his or her
records, stamped “endorsed-filed”.

D.     Petitions requesting Dementia Authority Powers, filings must consist of an original and
three copies of all required documents. (The clerk will deliver two copies to the Office of the
Court’s Investigator).     Reference: Probate Code section 1821; California Rules Of Court, Rule
7.1050; and Local Rule §.4.81.10.

(Adopted, effective July 1, 2004 [former Rule 4.81(a)]) (Amended 1/1/05)(Amended, July 1, 2005)
(Amended, effective January 1, 2009)

Rule 4.81.2 Notice.

A.      On Petition for Appointment of Conservator: There is no statutory basis for shortening the time of
notice or for dispensing with notice on a petition for the appointment of a conservator. If the petition
alleges that there is no relative of the proposed conservatee within the second degree, notice shall be
given to all adult relatives within the third degree who reside in California. Reference, Probate Code
section 1821 and California Rules of Court, Rules 7.51-7.53.

B.      For petition of appointment of a temporary conservatorship, or for ex parte matters, a declaration
regarding notice is required. Reference; California Rules of Court, Rules 3.1200-3.1207.

C.       When an attorney has been appointed to represent a conservatee, regardless of the purpose of the
appointment, notice of all hearings including requests for ex parte relief shall be given to the appointed
attorney. If any other petition is pending when the attorney is appointed, and a future hearing date has
already been assigned, the petitioner shall promptly forward a copy of the notice and petition to the
appointed counsel. If the appointed attorney is discharged, then no further documents need be served on
the attorney.

         (Adopted, effective July 1, 2004 [formerly Rule 4.81 (d)]) (Amended, effective January 1, 2007)

Rule 4.81.3 Guardians, Conservators and Trustees Qualifications

Qualifications for conservators: Both Private Non-professional and Private Professional Conservators
provide a valuable service to the community and to the conservatees. All conservators must complete
education classes as part of qualifying to serve as a conservator in San Mateo County.

A.       Private Non-professional Conservators and Trustee
         1.    Conservator of the Person
               a)    A private non-professional conservator of the person within six (6) months of
               appointment must complete a three (3) hour course covering the duties and responsibilities
               of a conservator of the person. The conservator must file a certificate of completion with
               the Court to satisfy the requirement or appear to explain why the requirement has not been
               met.

                b)    The Court may in its discretion waive such requirement.
         2.     Conservator of the Estate
                a)    A private non-professional conservator of the estate within six (6) months of
                appointment must complete a three-hour course covering the duties and responsibilities of a
                conservator of the estate. The conservator must file a certificate of completion with the
                Court to satisfy the requirement or appear to explain why the requirement has not been met.

                b)    The Court may in its discretion waive such requirement.
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         3.     Trustee
                a)    A private non-professional trustee within six (6) months of appointment must
                complete a three-hour course covering the duties and responsibilities of a trustee of a trust.
                The trustee must file a certificate of completion with the Court to satisfy the requirement or
                appear to explain why the requirement has not been met.

                b)    The Court may in its discretion waive such requirement.

B.       Court Appointed Professional Fiduciaries as Conservator or Trustee

         1.    In order to be a Court Appointed Professional Fiduciary as a conservator or trustee by the
         Superior Court of California, County of San Mateo, as of 01 July 2008, the Professional Fiduciary
         must meet be licensed by the Professional Fiduciaries Bureau of the State of California.
         Requirements for initial licensing include completing thirty (30) hours of approved education
         courses and passing the State of California Professional Fiduciary Bureau licensing examination.
         For further licensing requirements, see the Professional Fiduciaries Bureau website at
         222.fiduciary.ca.gov.

         2.     Continuing Education
                As of 01 July 2008, Professional Fiduciaries must complete:
                -     A minimum of fifteen (15) hours of continuing education credit each year for
                      licensing renewal; and
                -     Must abide by the new Professional Fiduciaries Code of Ethics (see the Professional
                      Fiduciaries Bureau website at www.ficuary.ca.gov.

         (Adopted, effective July 1, 2004 ) (Amended, effective January 1, 2009)


Rule 4.81.4 Special Requirements on Appointment or Termination of Conservator.

A.   There shall be a court investigation of all petitions, to establish conservatorships to add a co-
     conservator or appoint a successor conservator.

B.   A court investigation of a petition to terminate conservatorships is not required unless so ordered by
     the court. A limited investigation may be ordered by the court pursuant to Probate code section
     1826(p).

C.   When an initial petition for conservatorship is filed, and at any future time when conservatorship
     documents are filed, the Clerk will retain a copy, and will deliver the copy to the Court Investigator.
     (Parties should submit an original and two copies of any document in order to receive back an
     “endorsed-filed” copy.)

         (Adopted, effective July 1, 2004 [former Rule 4.81 (c)])(Amended, effective July 1, 2006)


Rule 4.81.5 General Plan.

Upon appointment, Conservators shall be required to file a Confidential General Plan with the Court
within 90 days of appointment. The plan shall address in detail the issues identified by the court at the
appointment hearing. It shall include matters that have been resolved as well as those that are outstanding
and what steps currently are being taken to reach a resolution. A local form “Confidential General Plan”


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may be submitted or, the conservator may submit a more detailed pleading as appropriate under the
circumstances.

The Public Guardian is exempted from this Rule and shall report annually to the Court on its policy and
practice.

         (Adopted, effective July 1, 2004 [formerly Rule 4.81(g)])


Rule 4.81.6 Letters of Conservatorship of The Estate.

The conservator is advised to record letters of conservatorship of the estate in any county where real
property owned by the conservatee is located. Reference: Probate Code Section 1875.

         (Adopted, effective July 1, 2004)


Rule 4.81.7 Changes of Address

The conservator must promptly file a revised notice with the Court of any change of address or telephone
number of the conservator, the conservatee, or the attorney for the conservator using the court’s local
form “Conservatee’s Information and List of Relatives (Local Court Form PR-1).

         (Adopted, effective July 1, 2004 [formerly Rule 4.81(f)]) (Amended, effective January 1, 2009)


Rule 4.81.8 Private Professional Conservators.

A private professional conservator or trustee as defined in Probate Code section 2341, must be licensed
by the Professional Fiduciaries Bureau of the State of California in order to continue to function as a
Professional Fiduciary as of January 1, 2009. For licensing requirements, see the Professional Fiduciaries
Bureau website at www.fiduciary.ca.gov. A listing of licensed Professional Fiduciaries is available on the
Professional Fiduciaries Bureau website listed either by county or by name. Fiduciaries are only listed in
the county in which their business address is located.

         (Adopted, effective July 1, 2004 )(Amended, effective January 1, 2009)



Rule 4.81.9 Waiver of Bond

A waiver of bond by a conservatee shall be in writing. In addition, the conservatee should be prepared to
reaffirm his or her waiver in open court and to describe the circumstances surrounding the execution of
the written waiver. Reference: Probate Code section 2321.

         (Adopted, effective July 1, 2004 [former Rule 4.81(e)])


Rule 4.81.10. Request for Dementia Powers

A.       Required Forms



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If orders are being sought relating to dementia as set forth in Probate section 2356.5, namely, restricted
placement and/or dementia medications (i.e. psychotropic medications given solely for dementia), the
following forms must be filed confidentially with the petition:
         1)    “Attachment Requesting Special Orders Regarding Dementia”(GC-313);
         2)     “Capacity Declaration-Conservatorship” (GC-335); and
         3)    Dementia Attachment to Capacity Declaration – Conservatorship (GC-335A)

The Capacity Declaration must reflect an examination date of the proposed conservatee within 120 days
from the date of filing, unless good cause is shown. Good cause may be established through a declaration.
The Petition Worksheet (item 3 above) shall be marked confidential by the Court at the time of filing and
shall be kept in the Court’s confidential file.

B.       Requests for Dementia Powers at Subsequent Hearing:

         1)     If Exclusive Medical Authority Has Not Previously Been Ordered.
         If exclusive medical authority has not previously been ordered, the conservator must first
         establish that the conservatee lacks the capacity to give consent for medical treatment before the
         Court will grant dementia powers. The conservator should use GC-380 and provide the same
         documents as set forth above.

         2) If Court Has Already Granted Exclusive Medical Authority.
         If the Court has already made an order granting exclusive authority to give consent to medical
         treatment, the conservator shall petition to modify that order to add the dementia powers. The
         conservator should use GC-380 and inter-lineate that the petition is for modification of an
         existing order. The Attachment Requesting Special Orders Regarding Dementia (GC-313), an
         updated Capacity Declaration, and the Probate Conservatorship for Dementia-Petition Worksheet
         (local form) shall accompany the petition. (See confidentiality requirements, above.)

C.       Stale Dated Capacity Declaration:
         In all cases, the Capacity Declaration must reflect an examination date of the proposed
         conservatee within 120 days of the filing date of the petition, unless good cause is shown. Good
         cause may be established through a declaration.

D.       Psychotropic Medications to Treat Conditions Other Than Dementia - No Capacity to Give
         Consent:
         If a conservatee is prescribed psychotropic medications for the treatment of another medical
         condition (i.e. other than dementia), and if the conservatee lacks the capacity to give consent for
         medical treatment, the conservator shall file a doctor’s declaration explaining that the medications
         are not for the treatment of dementia.

E.       Dual Diagnosis:
         In all cases where there the treatment is for a dual purpose, the conservator must comply with
         Probate Code Section 2356.5.

         (Adopted, effective July 1,2004 [former Rule 4.81(b)]) (Amended, effective January 1, 2008)

Rule 4.81.11. Visits to the Conservatee.

A conservator of the person shall visit the conservatee on a periodic basis, but no less often than once a
month. The Public Guardian is exempted from this Rule and shall report annually to the Court on its
policy and practice.

         (Adopted, effective July 1, 2004 )

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Rule 4.81.12 Medical Consent Authority

All conservators of the person have the power to consent to medical treatment of the conservatee so long
as the conservatee does not object. In emergencies, the conservator may give consent for medical
treatment. Reference: Probate Code section 2354.

         (Adopted, effective July 1, 2004 [former Rule 4.81(e)])

Rule 4.81.13 Exclusive Authority to Give Medical Consent.

A.      If the conservatee has been adjudicated to lack the capacity to give informed consent for medical
treatment pursuant to Probate Code §2355, the conservator may be granted the exclusive authority to give
such consent and may give such consent over the objection of the conservatee. Exclusive authority to
give consent for medical treatment can be requested at the time of the initial petition for conservatorship
(GC-310) or at a later time by a separate petition (GC-380). Clear and convincing evidence must be
shown that the conservatee lacks the capacity to give informed consent to any medical treatment. General
mental confusion, disorientation, etc. will not alone support an order for exclusive medical authority.
Such authority will be granted if the court finds that the conservatee lacks the capacity to give consent,
and only if the following conditions are satisfied:

          1. Court Investigator Report: It clearly appears from the court file that a Court Investigator
         has advised the conservatee of the effect of granting such authority and of the conservatee’s rights
         in regard to such request.

         2.     Physician’s Decision: A physician’s declaration is filed stating a medical opinion that the
         proposed conservatee lacks the capacity to give informed consent to any medical treatment and
         that the proposed conservator should be granted the exclusive authority to give such consent and
         to consent over the objection of the proposed conservatee. Such declaration must state the factual
         basis for the opinion and the nature and extent of the physician’s examination and investigation.

B.      Conservatee Regains Capacity: If a conservatee regains sufficient capacity to give informed
consent to any form of medical treatment, the conservator shall promptly petition, pursuant to Probate
Code Section 1891, to revoke any previous order granting the conservator exclusive authority to consent
to medical treatment on behalf of the conservatee.

         (Adopted, effective July 1, 2004)


Rule 4.81.14. Inventory and Appraisement.

         Reference: Probate Code, section 2610.

         (Adopted, effective July 1, 2004 )


Rule 4.81.15 Independent Powers – Sale of Real Property and of Conservatee’s Residence

A.       The court may, on the petition of the conservator either at the time of appointment or later, grant
additional powers to the conservator as authorized by the Probate Code sections 2590 and 2591. All
requests for independent powers must allege sufficient facts to establish good cause, and must be tailored
to the specific circumstances of each case.


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B.      Sale of Real Property. The Court will grant a power to sell real property under Probate Code
section 2591 only where the power is made subject to court confirmation of any sale made by the
conservator or by a specific order of court upon a showing of good cause.

C.       Sale of Conservatee’s Residence. If a conservatee’s residence is being sold without the power to
sell pursuant to Probate Code section 2591, the petition must comply with the requirements of Probate
Code section 2540(b).

         (Adopted, effective July 1, 2004 [formerly Local Rules 4.81 (j) and (k)]) (Amended, eff July 1,
         2008)


Rule 4.81.16. Waivers of Account.

Waivers of Account will be accepted in the Court’s discretion only in the following instances:

A.      The conservatee’s estate falls within the requirements of Probate Code section 2628. A written
request along with an affidavit, stating that the estate does qualify for the waiver, must be submitted for
every accounting period in which a waiver is sought. A Local Court form is available for this purpose.

B.      When the proceeding is terminated by court order, and the conservatee thereafter waives an
account.

C.       When the proceeding is terminated by death of the conservatee and (a) there is no will and a
written waiver is obtained from all of the conservatee’s heirs, or (b) there is a will and a written waiver is
obtained from the executor or administrator and the beneficiaries under the will after the order admitting
the will has become final. Waivers will be accepted only from heirs or beneficiaries who are competent
adults.

         (Adopted, effective July 1, 2004 [formerly Rule 4.81(h)(2)])(Amended, effective July 1,2006)


Rule 4.81.17 Accounts and Reports.

A.   Accounting records that need to be provided to the court are set forth in Probate Code sections 2620,
     and 1061-1063.. Schedules for Income and Disbursements shall be stated in chronological and also
     categorical format.

B.   Private Professional or licensed guardians or conservators who are required to file original account
     statements with the court under Prob.C. § 2620(c)(3) shall “Lodge” those records with the court
     rather than filing them as permitted under this code section. These records will be returned to the
     submitting party when the court determines the guardian’s or conservator’s accounting is final.

C.   Any person who is submitting records as required pursuant to Prob.C. § 2620 shall file an affidavit
     captioned “CONFIDENTIAL FINANCIAL STATEMENT” that describes the character of the
     documents attached to it as described in Prob.C. § 2620(c)(7) [confidential or personal information
     contained in the accounting records]. The submitting party must comply with the provisions of §
     2620(c)(7).

D.   Individuals who “Lodge” their records under this Rule shall:
     (1) Review and comply with the Procedures for Lodging Confidential Financial Statements that
           can be found on the Court’s Website in the Probate section under the “General Information”
           tab or from the Probate Investigator’s Office.

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     (2)      Deliver the records to be lodged to the Court’s Probate Investigator’s Office in Redwood City,
              California.

     (3)      All statements must be placed in a 9x12 or 10x13 manila envelop. If one envelope is
              insufficient to hold all of the statements, additional envelopes shall be used and numbered in
              sequence (i.e. 2 of 4). However if ten or more packets are being submitted, the records shall
              stored in a cardboard storage box.

     (4)      Pick up the lodged documents from the court within (5) five court days after the “Order
              Approving Account”

E.   The Public Guardian is exempt from stating their Schedule for Income and Disbursements in
     chronological format by account and in a categorical format as required in paragraph “A” above.

     (Adopted, effective July 1, 2004 [formerly Rule 4.81(h)(1)] )(Amended, effective January 1, 2008)


Rule 4.81.18 Confidential Status Report.

A.       Unless waived by the Court, every conservator shall file a Confidential Status Report at the time
of the court review, or upon the filing of an accounting. A local form “Confidential Status Report (PR-
19)” may be submitted or, the conservator may submit a more detailed pleading as appropriate under the
circumstances. The report shall include conservatee’s:

           1.     Name/address/telephone/type of residence;
           2.     Diagnosis;
           3.     Living arrangements & functional level (describe what assistance is provided); length of
           stay at residence; describe the facility, what services it offers and the medical monitoring; intent
           to continue placement or make a change; any hospitalizations;
           4.     State current value, average monthly income, average monthly expenses, explaining any
           unusual receipts, expenses or “internal accounting adjustments” not otherwise delineated in the
           account, and the amount of the bond required to cover all assets, less real property, and estimated
           income for one year.
           5.     Current issues - conservator’s personal observations and compliance with court orders;
           6.     Description of all sales, purchases, changes in form of assets, explanation of unusual items,
           statement of all compensation paid from assets subject to the account, family affiliation, cash
           invested; and
           7.     Dates of visits to conservatee.

B.      The Public Guardian is exempt from the use of the “Confidential Status Report” form that is
required in paragraph “A” above.

           (Adopted, effective July 1, 2004 [formerly Local Rules 4.81(h) and (i)]) (Amended, effective July
           1, 2006)


Rule 4.81.19 Disclosure of Fees for Private Professional Conservators

At the time a private professional conservator is nominated to serve as conservator, the petitioner must
attach the professional conservator’s hourly rate to the petition for appointment of conservator. If the
court appoints a private professional conservator who was not nominated in the petition, the private
professional conservator’s compensation shall be set by a Court Standing Order.

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         (Adopted, effective July 1, 2004 )


Rule 4.81.20 Death of Conservatee

Upon the death of a conservatee :

         (a) The conservator shall file a Notice of Death of Conservatee with a certified copy of the death
         certificate attached within 60 days.

         (b) For conservator of the person only, no further request for discharge is required. Probate Code
         section 1860.

         (c) For conservator of the estate, a final account shall be filed and approved before the
         conservator will be discharged, unless otherwise waived by the court.

         (d) Notice of the hearing on the settlement of the final account be given to the personal
         representative of the probate estate, if one has been appointed, is named in the conservatee’s will,
         or if none, to any legatee and to the heirs of the conservatee so far as is known to the conservator.

         (Adopted, effective July 1, 2004 [formerly Rule 4.81(l)])

Rule 4.81.21 Time for Allowing Compensation

The time for allowing compensation is governed by Probate Code Sections 2640-2642. Petitions for
periodic payment must comply with Probate Code section 2643 and California Rule of Court, Rule
7.755.

         (Adopted, effective July 1, 1996) (Amended, effective July 1, 2003)(Amended, effective July 1,
         2004 [formerly Rule 4.86]).


Rule 4.81.22 Obtaining Final Discharge.

Discharge of the conservator will not be made in the order settling final account. A separate declaration
for final discharge must be submitted, together with the receipts executed by all persons receiving
conservatee’s property thereunder and a copy of the order settling the final account and ordering delivery
of the assets.

         (Adopted, effective July 1, 2004 [formerly Rule 4.81(m)])


Rule 4.82 Substituted Judgment

Prior Court approval is required for any action specified in Section 2580, et seq. such as the making of a
gift or gifts or the establishment of a trust or trusts.

A.      Petition: A clear factual showing as required by Section 2583 shall be included in each petition
submitted.

B.      Notice: Notice shall be given under Section 2581 except in those cases in which there has been a
prior Court order dispensing with notice to some person or persons.

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C.     Appointment of Independent Counsel: Prior to the hearing on any petition for substituted
judgment pursuant to Section 2500 et seq., unless waived by the court, independent counsel for the
conservatee shall be appointed by the court through the Court Investigator’s Office. Independent
Counsel shall report to the Court regarding the efficacy and propriety of the proposed action.

D.     Bond and Accountings: A trust created pursuant to this rule shall include the following, unless
exempted by order of the court for good cause show:

         (1) During the period of the conservatorship, any trust created pursuant to this section shall
         state that the trustee and the trust shall be subject to court supervision. The continuing
         jurisdiction of the court shall be reflected in the order for substituted judgment.

         (2) Accountings shall be subject to court approval and are required to be filed concurrently
         with conservatorship reviews and,

         (3)    A reasonable bond shall be required of the trustee, unless otherwise waived by the court.
:
         (4)    No fees shall be paid to the trustee or attorneys without prior court      approval.

         (5) Upon termination of the conservatorship, the trust may be released from court supervision
         upon order of the court.

E.      Confidential Filings: . Petitioner may requests that estate planning documents be filed as
confidential documents. The request may be made on an ex parte basis.

F.       See Local Rules of Court, Rule 4.94

         (Adopted, effective July 1, 1996) (Amended, effective January 1, 2000; effective July 1, 2004)


                               CHAPTER 13. COMMISSIONS AND FEES

Rule 4.83 Statutory Compensation in Decedent's Estates

A.    Calculation must be shown: All petitions requesting payment of statutory compensation -- even if
accompanied by a waiver of accounting -- must show the calculation of the compensation requested.

B.       Basis for computing statutory commission and fees on Waiver of Accounting: As an alternative
to basing statutory commissions and fees on the inventory values alone, where the petition for final
distribution so requests, the Court will allow such commissions and fees to be based on the inventory
values plus income, plus gains on sales, less losses on sales, provided these figures are set forth clearly
and succinctly in the verified petition.

         (Adopted, effective July 1, 1996)

Rule 4.84 Compensation for Extraordinary Services in Decedents' Estates

A.     The following factors will guide the attorney and the court in determining whether and in what
amount extraordinary attorneys' fees will be awarded:

         (1)    The nature of and unusual time required for the tasks performed.


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Superior Court of California, County of San Mateo

         (2)    Results obtained.

         (3)    Benefits accruing to the estate and to beneficiaries.

         (4)    Nature of services performed by personal representatives.

B.     Requests for extraordinary attorneys' fees must contain detailed and itemized descriptions of the
work performed, the hours spent on the work performed, the average hourly rate requested, the total
amount requested, special circumstances related to the request and specifics as to what benefit was
conferred upon the estate as a result of the extraordinary services rendered.

C.      Extraordinary fees may be awarded for extraordinary services, including but not limited to the
following:

         (1)    Sales, leases, exchanges, financing or foreclosure of real or personal property.

         (2) Contested or litigated claims against the estate.
         (3) Preparation of income, sales, withholding, gift or estate tax returns and handling of audits
         or litigation connected with tax liabilities.

         (4)    Litigation connected with estate assets.

         (5)    Carrying on the decedents' business.

         (6)    Will contest.

         (Adopted, effective July 1, 1996)


Rule 4.85 Compensation for Conservators and Their Attorneys

A Conservator or Attorney assigned on a case to perform any services associated with the administration
of the estate shall be compensated for services rendered as set forth below and subject to the following
criteria:

A.       Fees for Conservators and Attorneys.
         Conservators and their attorney’s fees may be requested at the time of the accounting, and shall
be calculated according to the work actually performed. Fee requests must be supported by a declaration
of services performed, time expended, average hourly rate, results accomplished and benefit to the entity.
California Rules Of Court, Rules 7.751, 7.752, 7.753, and 7.754.

B.       Fees for Public Guardian and County Counsel.

         (1) Public Guardian Fees: Fees per accounting period for Public Guardian shall be based on the
         following:

                (a) Percentile: 1.5% (.015) of fair market value of the estate on hand or $1500,
                whichever is greater. Fees may be increased or decreased at the discretion of the court.

                (b) For cases requiring extraordinary services, the Public Guardian Conservator may
                submit itemized billings with the accounts, in declaration form, for fees in excess of the
                percentile amounts.


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         (2) County Counsel Fees: Fees per accounting period for County Counsel shall be based on the
         following:

                (a) Percentile: 1.5% (.015) of fair market value of the estate on hand or $1500,
                whichever is greater. Fees may be increased or decreased at the discretion of the court.

                (b) For cases requiring extraordinary legal services, County Counsel may submit
                itemized billings with the accounts, in declaration form, for fees in excess of the percentile
                amounts.

C.      The fees set out in paragraphs 1 and 2 (a) and (b) above are guidelines only and may be increased
or decreased at the discretion of the Court.

D.       Additional Fees:

         (1) Public Guardian Case Initiation Fee of $250.00 payable upon permanent assignment of case
         to a Public Guardian.

         (2) A $1,000.00 fee, per property sold, is assessed by the Public Guardian for facilitating in the
         sale of real property.

         (3) A fee equal to $75.00 per hour or 25% of the value of the financial instrument involved,
         whichever is less, will be assessed for each financial instrument sold or registered.

         (4) A fee of $75.00 per hour will be assessed for assisting in the initial placement of a
         Dementia Conservatee client.

         (Adopted, effective July 1, 1996) (Amended, effective July 1, 2003; effective July 1, 2004,
         effective 7/1/2008)


Rule 4.86 Time for Allowing Compensation

         (Adopted, effective July 1, 1996) (Amended, effective July 1, 2003)(RENUMBERED, effective
         July 1, 2004, see new Rule 4.81.21)


Rule 4.87 Procedure

         (Adopted, effective July 1, 1996)(REPEALED, effective July 1, 2004)

Rule 4.88 Court Investigation Assessments.

A.      Unless deferred or waived by the Court, all guardianships and conservatorships shall be assessed
a fee pursuant to Probate Code §§1513.1 and 1851.5 as stated in the Court’s Fee Schedule that is available
in the Court Clerk’s Office public counter or on the Court’s website at www.sanmateocourt.org.

B.       Conservatorships and guardianships will be assessed a fee of $500.00 for all conservatorship
investigations performed by the Aging and Adult Services (AAS), whether or not the case is ultimately
assigned to the Public Guardian, unless the fee is deferred or waived by the Court.

         (Adopted, effective July 1, 1996) (Amended, effective July 1, 2003; effective July 1, 2004)


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Superior Court of California, County of San Mateo



                                     APPENDIX A TO CHAPTER 13

                      Rules for Determining Commissions on Sale of Real Property

                                 CHART OF BROKERS' COMMISSIONS

                         (Real Property Sales - Probate Code Section 10162-10165)

         ABBREVIATIONS

         B#1 =        the broker with an exclusive listing agreement with personal representative
         B#2 =        the broker who represents the original bidder whose bid is returned to Court

         B#3 =        the broker who represents the successful over bidder in Court

         OB     =     the original bidder whose bid is returned to Court

         SOB =        the successful over bidder in Court (no editorial comment intended by the
                            abbreviation)

                                NO EXCLUSIVE LISTING AGREEMENT
                                       (i.e., there is no B#1)

         A.     OB is represented by B#2
                OB gets the property
                      therefore,
                Entire commission goes to B#2,    based on the confirmed amount (Section 10162.3)

         B.     OB has no broker
                SOB is represented by B#3
                SOB gets the property
                       therefore,
              B#3 gets the entire commission, based on the confirmed amount (but subject to the Section
              10162 limitation that the commission cannot exceed 50% of the difference between the
              original bid and the successful bid) [Section 10163]

         C.     OB is represented by B#2
                SOB has no broker
                SOB gets the property
                      therefore,
                B#2 gets the entire commission, based on the original bid, [Section 10164(a) & (b)]


                     THERE IS AN EXCLUSIVE LISTING AGREEMENT (WITH B#1)

         D.     OB is represented by B#2
                SOB has no broker
                SOB gets the property
                      therefore,
                B#1 and B#2 split the entire commission based on the original bid as follows:


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                      a. Pursuant to agreement, if there is one; or
                      b. 50-50, if there is no agreement. Section 10164(c)

         E.     OB is represented by B#1 (i.e., B#1 is B#2)
                SOB is represented by B#3
                SOB gets the property
                      therefore,

                B#3 gets: 50% of commission based on original bid,
                      plus 100% of commission on difference between original and successful bids
                B#1 gets: 50% of commission based on original bid Section 10165(c)(1)

         F.     OB is represented by B#2 (B#1 is not B#2)
                SOB is represented by B#3 SOB gets the property
                            therefore,
                B#3 gets: 50% of commission based on original bid,
                      plus 100% of commission on difference between original and successful bids
                B#1 and B#2 split 50% of commission based on original bid as follows:
                      a. Pursuant to agreement, if there is one; or
                      b. 50-50, if there is no agreement (Section 10165)




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Superior Court of California, County of San Mateo


             CHAPTER 14 TRANSACTIONS INVOLVING INCOMPETENT SPOUSE

Rule 4.89 Prior Court Approval Is Required For Any Action Specified In Probate Code Section 3100, Et
          Seq.

A.       Petition: A clear factual showing of the information set forth in Sections 3121, 3122 and 3123
shall be included in each petition submitted.

B.       Notice: Notice shall be given as required by Sections 3130 and 3131.

C.      Appointment of Independent Counsel: Prior to the hearing on any petition for Court approval of
a transaction involving an incompetent spouse, pursuant to Probate Code section 3100 et seq. independent
counsel for the conservatee shall be appointed by the Court pursuant to Local Court Rule, Rule 4.100.
Appointment of independent counsel shall be initiated by the petitioner(s) and shall be arranged through
the Court Investigations Office of the Probate Division . Independent Counsel shall report to the court
regarding the efficacy and propriety of the proposed transaction.

D.     Bond: Upon the granting of a petition approving a transaction involving an incompetent spouse,
reasonable bond shall be required of the petitioner pursuant to Section 3150.

         (Adopted, effective January 1, 2000) (Amended, Effective July 1, 2004)




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Superior Court of California, County of San Mateo


                                           CHAPTER 15 TRUSTS

Rule 4.90 Trustee’s Accounts

A.      General. Accounts for intervivos trusts must be filed as a new proceeding even if the trust
receives distribution from a decedent’s estate following probate of a pour-over will.

B.       Contents and Format. Refer to Local Rule 4.48 above.

         (Adopted, effective July 1, 2004 )


Rule 4.91. Notice to Beneficiaries

Notices shall be provided as set forth in Probate Code sections 15802 and 15804 and California Rules of
Court, Rules 7.50 through 7.55 and 7.902).

         (Adopted, effective July 1, 2004 )


Rule 4.92 Compensation of Trustees and Attorneys for Trustees

A.      Criteria. In determining or approving compensation of a trustee and the attorney for the trustee,
the court may consider the following additional factors in addition to the factors specified in California
Rules Of Court, , Rule 7.756:

         1.   Whether the trustee has delegated work to others (such as investment advisors, property
         managers, attorneys, etc.)

         2.     If the trustee is a corporate trustee, the published rates for its usual services; and if the
         trustee is a private professional fiduciary, the usual hourly rates charged by such fiduciary.

         3.     Whether the trust assets being administered are passive or require active management.

         4.    Whether the duties of the trustee in administering the trust are similar to those of a personal
         representative of a probate estate.

B.      The time for allowing compensation is governed by Probate Code Sections 15680-15688.
Petitions for periodic payment must comply with Probate Code section 2643 and California Rules Of
Court, Rule 7.756.

         (Adopted, effective July 1, 2004 )

Rule 4.93 Trusts Established Before Distribution of Probate Estate.

A.       If a trustee named in a decedent’s will is designated as beneficiary of a life insurance policy, or of
employment or other benefits, the trustee may be appointed before the decree of distribution is made,
upon the filing of a petition. If no trustee named in the will is able or willing to serve, a trustee not named
in the will may be appointed. Notice shall be given to the beneficiaries and the personal representative, if
not the petitioner, at least 30 days prior to the hearing.
B.       The order appointing the trustee must contain all the terms of the trust and the trustee must have
all the powers and duties in respect to the trust estate set forth in the order. All other terms of the trust not

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Superior Court of California, County of San Mateo

required can be incorporated by attaching a copy of the trust to the order. Reference California Rules Of
Court, , Rule 7.650.

         (Adopted, effective July 1, 2004 )


Rule 4.94. Trusts Created Pursuant to Court Order.

A.       Any trust that is created by court order (including trusts created under the “substituted judgment”
provisions of Probate Code section 2580 et. seq. and trusts created under the provisions of Probate Code
section 3100 et. seq. relating to particular transactions for disabled spouses, and Section 3600 et seq.
relating to the compromise of claims of minors and incompetent adults), shall, unless otherwise ordered
by the court upon good cause shown, contain provisions providing for protection of the trust assets
against misuse and for continuing supervision by the Court.

B.      A special needs trust created by order of the court for the benefit of an incompetent person will
ordinarily be required to contain the following provisions:

         1.     Provisions for appointment of a successor trustee on approval of the court.

         2.    Requirement that all trustees except corporate trustees post a bond in the amount required
         by Probate Code Section 2320.

         3.    Requirement of an accounting to the beneficiary, and to the Probate Court if required by the
         Court, consistent with Probate Code Sections 1060 et. seq.

         4.     A payback provision, if applicable, must be inserted as required by 42 USC 1396(d)(4)(a)
         for repaying of benefits paid by Medi-Cal or any other Medicaid agency.

         5.    Notice requirements on termination of the trust or death of beneficiary, and for any
         additions to the trust.

         6.    Dispositive provisions for distribution to residual beneficiaries after any payback required
         by 42 USC 1396 (d) (4)(2) has been made.

         A court order creating a special needs trust under Section 3602 or 3611 shall include a provision
         that all statutory liens in favor of the State Department of Health Services, the State Department
         of Mental Health, the State Department of Developmental Services and any county or city and
         county in this state shall first be satisfied prior to transferring funds to the special needs trust.

C.      A trust created for a conservatee under Probate Code Section 2580 will ordinarily be required to
include the following provisions:

         1.     Provisions for appointment of a successor trustee on approval of the court.

         2.    Requirement that all trustees except corporate trustees post a bond in the amount required
         by Probate Code Section 2320.
         3.    Requirement that the trustee shall file reports and accounts to be reviewed in conjunction
         with the review of the conservatorship.

         4.    Prior court approval shall be required for his or her acts, where such approval would be
         required if the Trustee were administering the estate as a conservator.


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Superior Court of California, County of San Mateo

         Refer to Local Rules of Court, Rule 4.82 above.

         (Adopted, effective July 1, 2004 )


Rule 4.95 Fees for Public Guardian and County Counsel.

A.      Public Guardian Fees: Fees per accounting period for Public Guardian shall be based on the
following:
        1.    Percentile: 1.5% (.015) of fair market value of the estate on hand or $1500, whichever is
        greater.

         2.    For cases requiring extraordinary services, the Public Guardian Conservator may submit
         itemized billings with the accounts, in declaration form, for fees in excess of the percentile
         amounts.

B.      County Counsel Fees: Fees per accounting period for County Counsel shall be based on the
following:
        1.    Percentile: 1.5% (.015) of fair market value of the estate on hand or $1500, whichever is
        greater.

         2.     For cases requiring extraordinary legal services, County Counsel may submit itemized
         billings with the accounts, in declaration form, for fees in excess of the percentile amounts.

C.      The fees set out in paragraphs A and B above are guidelines only and may be increased or
decreased at the discretion of the Court.

D.       Additional Fees:
         1.    Public Guardian Case Initiation Fee of $250.00 payable upon permanent assignment of case
         to a Public Guardian.

         2.    A $1000.00 fee, per property sold, is assessed by the Public Guardian for facilitating in the
         sale of real property.

         3.   A fee equal to $75.00 per hour or 25% of the value of the financial instrument involved,
         whichever is less, will be assessed for each financial instrument sold or registered.

         4.  A fee of $75.00 per hour will be assessed for assisting in the initial placement of a
         Dementia Conservatee client.

         (Adopted, effective July 1, 2004 )


COURT RULES 4.96 TO 4.99 IS RESERVED


Rule 4.100      Independent Counsel

A.       Appointment. Independent Counsel will be appointed by the Court in the matters specified in the
Probate Code. In addition, it is the Court’s policy to appoint Independent Counsel in the following
matters:



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Superior Court of California, County of San Mateo


         1.   Petitions under Probate Code Section 3101 (Proceeding to Authorize Transaction Involving
         Incompetent Spouse);

         2.     Petitions under Probate Code Section 2580 et seq. (Substituted Judgment);

         3.    When the probate investigations department has recommended the appointment of
         Independent Counsel, or the Court otherwise determines that appointment is necessary or would
         be helpful for resolution of the matter at issue.

B.     Scope of the representation shall be as set forth in the order appointing Independent Counsel or as
subsequently modified by the Court.

C.      Payment of Fees. If Independent Counsel is appointed, the fees incurred must be paid as ordered
by the Court, even if the matter for which the appointment was made is dismissed, withdrawn or
terminated.

D.      Term of Service. Independent Counsel shall serve until discharged by order of the Court.
Independent Counsel may request fees and discharge at the time of filing the Report of Independent
Counsel (where representation will not be ongoing), in a separate petition after conclusion of the matter
for which representation was required, or (in ongoing matters) from time to time as deemed reasonable by
the Court, although in such cases the Court prefers to hear the petition for fees at the time of an
accounting.

E.      Court Policies and Procedures. Additional matters concerning the panel of Independent Counsel,
including panel membership, appointment to the panel, and the rotation of appointments, are set forth in a
separate set of Court Policies and Procedures developed and maintained by the Court.

F.      Reports by the Independent Counsel to the Court must be filed with the Court at least five(5)
court days prior to the hearing.

         (Adopted, effective July 1, 2004 )




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Superior Court of California, County of San Mateo

                                    DIVISION V
                  FAMILY LAW DEPARTMENT AND FAMILY COURT SERVICES


         Rule 5.1           Applicability of Rules .................................................................................... 500
         Rule 5.2           Court Locations ............................................................................................ 500
         Rule 5.3           Matters Heard in Family Law Department ..................................................... 500
         Rule 5.4           Case Flow Management ................................................................................... 501
         Rule 5.5           Alternative Dispute Resolution ...................................................................... 502
         Rule 5.6           Ex Parte Orders ............................................................................................ 503
         Rule 5.7           Order to Show Cause and Notice of Motion Rules............................ .............. 506
         Rule 5.8           Trial Setting, Status Conference, and
                            Mandatory Settlement Conference Rules ....................................................... 510
         Rule 5.9           Judgment by Default or Uncontested Hearing ............................................... 515
         Rule 5.10          Preparation of Orders After Hearing and Judgments ..................................... 516
         Rule 5.11          Declarations of Disclosure And Financial Information to be Provided ......... 517
         Rule 5.12          Department of Child Support Services............................................................ 520
         Rule 5.13          Family Court Services..................................................................................... ............... 520
         Rule 5.14          Appointment of Counsel for Child.................................................................................. 524
         Rule 5.15          Family Law Facilitator’s Duties ..................................................................... 525
         Rule 5.16          Coordination of Court Proceedings and Sharing of Case Information
                            Involving Minors ............................................................................................ 526
                            A. Coordination and Determination of Forum .......................................... 526
                            B.    Confidentiality of Minor’s Information ................................................ 526
         Rule 5.16.1        Information Sharing Protocol Between And Among the Court and
                            Department Of Children & Family Court Services (DCFS),
                            Family Court Services (FC), Probate Court Investigators (PCI),
                            Family Law Facilitator (FLF), District Attorney’s Violent Crime
                            Unit (VC), And Juvenile Probation Officers (JPO) Staff. .............................. 526
         Rule 5.16.2        Juvenile Dependency Action Causing Suspension of
                            Related Proceedings ....................................................................................... 528
         Rule 5.16.3        Juvenile Court Modification of Related Non-Juvenile Court Orders ............. 528
         Rule 5.16.4        Juvenile Court Exit Orders ............................................................................. 528
         Rule 5.16.5        Family Court Modification of Juvenile Court Orders .................................... 528

         APPENDICIES (Local Forms)
                    Appendix 1, Status Conference Statement (form FL-3)..................................                                           529
                    Appendix 2, Mandatory Settlement Conference Statement format.................                                                   531
                    Appendix 3, Information Sheet- Mediation and Evaluation Service ..............                                                  533
                    Appendix 4, Mandatory Short Cause Trial Statement.....................................                                          535
                    Appendix 5,Long Cause Trial Rules Checklist ..............................................                                      537
                         Appendix 5- Attachment A, List of Proposed Exhibits ........................                                               538
                         Appendix 5- Attachment B, List of Witnesses .....................................                                          539
                         Appendix 5- Attachment C, Notice of Motions in Limine ....................                                                 540
                         Appendix 5- Attachment D, Objections to
                                      Exhibits of Petitioner/ Respondent ...................................                                        541
                    Appendix 6, Notice of ADR Options ..............................................................                                542




Division V – Table of Contents                                                i                                                      Revised 1/1/2009
Superior Court of California, County of San Mateo

                               DIVISION V
             FAMILY LAW DEPARTMENT AND FAMILY COURT SERVICES


Rule 5.1          Applicability of Rules

         Family law proceedings are governed by the California Rules of Court as supplemented by these
local rules of the San Mateo County Superior Court. These rules are intended to provide uniformity of
practice and procedure among all departments involved in family law matters. These Rules shall at all
times be supplementary and shall be construed and applied so they do not conflict with the California
Rules of Court, and any rules adopted by the Judicial Council, and relevant case and statutory law.

         Attorneys and self-represented litigants (also known as pro pers) shall comply with all applicable
statutes in addition to these local family law rules and the California Rules of Court. Where these rules
refer to Superior Court forms, the equivalent Judicial Council forms shall also be accepted.

        Self-represented litigants shall be treated in the same manner as if represented by counsel and
shall be held to the same standards. All references to counsel in these rules apply equally to self-
represented litigants.

      ( Adopted, effective January 1, 2000)(Amended, effective January 1, 2004)



Rule 5.2    Court Locations

      The Family Law Department is located at the Hall of Justice and Records, 400 County Center,
      Redwood City. The Northern District Court is located at 1050 Mission Road, South San Francisco.
      Absent consent from the supervising judge of the Family Law Department, the only matters to be
      set in the northern branch of the court are matters to be heard on the northern law and motion and
      domestic violence calendar.

      (Adopted, effective January 1, 2000) (Amended, effective January 1, 2004)



Rule 5.3    Matters Heard in Family Law Department

Matters to be heard in the Family Law Department shall include:

A.    All orders to show cause, motions, and other family law matters preliminary to trial, all defaults
      under the Family Code; and all required settlement conferences and trials;

B.    All orders to show cause and motions relating to enforcement or modifications of family law orders
      or judgments;

C.    All orders to show cause and motions relating to child custody, support, visitation, or attorney’s
      fees and costs under the Uniform Parentage Act (Family Code §7600 et. Seq.) And the Uniform
      Child Custody Jurisdiction Act (Family code §3400 et. seq.);

D.    All proceedings under the Revised Uniform Reciprocal Enforcement of Support Act (Family Code
      §4800 et. Seq.);

E.    All applications for restraining orders enjoining domestic violence under the Family Law Act, the
      Uniform Parentage Act, and the Domestic Violence Prevention Act (Family Code §6800 et. Seq.);

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F.     All family law discovery matters;

G.     All applications for issuance of writs of execution and habeas corpus, or warrants in lieu thereof, in
       family law cases;

H.     All motions for change of venue in family law cases;

I.     All stipulations by the parties for appointment of a referee, private judge, or Special Master
       pursuant to CCP §638, or alternative dispute resolution, or any request by a party for the court to
       order a referee or Special Master pursuant to CCP §639.

(Adopted, effective January 1, 2000)



Rule 5.4     Case Flow Management

A. Case Assignment: Commencing January 1, 2004 the Family Law Department will operate under a
Direct Calendar system. Cases shall be randomly assigned to a Family Law Department. For matters
filed prior to the commencement date the Court in its sole discretion, will randomly assign a case to a
department upon the filing of the first pleading requiring a hearing, conference, or trial.

       1. Exceptions: Cases required to be heard by a Title IV-D commissioner pursuant to Family Code
       §4251 shall not be subject to random assignment.

       2. Applications for restraining orders pursuant to Family Code §6200 et seq. shall be reviewed by
       various departments and assigned to a judicial officer hearing the Domestic Violence Prevention
       Act calendar unless there is a pending family law action. If an application for a restraining order
       arises in a pending case, the matter shall be reviewed by the previously assigned department and
       heard on the appropriate calendar for that department.

B.      Assignment for all purposes: The assigned department shall handle all proceedings in the case,
including but not limited to, orders to show cause, ex parte applications, law and motion, status, and
settlement conferences, and trial. Post-judgment motions for enforcement and/or modification should
also be heard in the initial department whenever possible. If the assigned department is disqualified,
recuses itself, or there is a change in assignments, the case shall be re-assigned to another Family Law
Department. Nothing herein shall be construed to interfere with the power of the supervising family law
judge to assign or reassign cases pursuant to California Rules of Court.

C.      Notice of Assignment: The clerk of the Court shall provide a Notice of Assignment to the
petitioner in a new case filed after January 1, 2004, and to the moving party in a pending case filed prior
to the commencement date upon filing of the first pleading requiring a hearing, conference, or trial. The
petitioner/moving party must have the respondent/opposing party served with a copy of the Notice of
Assignment. A proof of service shall be filed with the Court. The Clerk will place a copy of the Notice of
Assignment in the Court file.

D.       Challenges to the Assigned Department: Disqualification of a department is controlled by the “all
purpose” provisions of Code of Civil Procedure §170.6 and as such a challenge is considered timely to
the judicial officer to whom the case has been assigned if the challenge is exercised by the Petitioner or
moving party within ten days of the filing of the Petition for cases filed after the commencement date, and
within ten (10) days of the filing of the first pleading requiring a hearing, conference or trial for cases
filed prior to the commencement date. The responding party has ten (10) days after service of the Notice
of Assignment to assert a challenge under Code of Civil Procedure §170.6.

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Superior Court of California, County of San Mateo


E.    Cases Assigned to Commissioners:

      1.     In some proceedings assigned to a Family Law department the parties may be asked to
      stipulate that their matter be heard and decided by a commissioner of the Superior Court, acting as a
      temporary judge pursuant to Code of Civil Procedure §259(e) and Rule 2.831

      2.     A party will be deemed to stipulate that all matters heard in the Family Law Department may
      be heard and disposed of by a Commissioner, including the power to punish for contempt, until
      final determination of the case, by failing to file an objection in writing within thirty (30) days after
      service on the party of the Notice of Assignment, or at the first hearing on a motion heard in the
      Family Law Department, if heard before the expiration of the thirty (30) days.

      3.     Except as otherwise provided for in Family Code section 4251, the refusal of a party to
      stipulate to a commissioner acting as a temporary judge may result in the referral of the matter to
      the supervising judge of the Family Law Department or the Presiding Judge for further assignment.

F.    Consolidated Cases

      If the court consolidates a case, the case of broader jurisdiction, or the lower family law case
number, (if the cases are of equal jurisdiction) shall be designated as the lead case and originals of all
papers thereafter filed shall be placed in the lead case file (California Rules of Court, Rule 3.350). Any
hearing date in any case other than the lead case shall be vacated and reset, and all future hearing dates
will be noticed under the lead case number.

      (Adopted, effective January 1, 2000) (Amended, effective January 1, 2003) ( Amended, effective January 1, 2004)
      (Amended,, effective January 1, 2005) (Amended, effective January 1, 2007)(Amended, effective January
      1, 2009)


Rule 5.5    Ex Parte Orders

(Adopted effective January 1, 2000) (Renumbered as Rule 5.6 and Amended, effective January 1, 2004)


Rule 5.5    Alternative Dispute Resolution

A. ADR Policy: California Rules of Court and the Family Law Act strongly encourage alternative
dispute resolution (ADR) of family matters. The Family Law Department recognizes that formal litigation
of legal claims and disputes is expensive and time consuming. The goals of this Court are: to reduce
hostilities between the parties; facilitate the early resolution of issues; and provide parties with an
opportunity to maximize their satisfaction with the resolution of their case. It is therefore the policy of
this Court to promote and encourage the parties to settle their disputes by the use of appropriate dispute
resolution options which include mediation, arbitration, collaborative law, court supervised settlement
conferences and/or judicial case management.

B.     Requirements for filing and service of the Notice of ADR Options In Family Law Actions: Each
party to a family law action shall be informed of the alternatives to litigation to resolve their disputed
issues. Notice shall be in the form of an information sheet entitled “Notice of ADR Options” (hereinafter
“Notice”) (see Appendix 6). All parties and counsel shall file and have the Notice served on the other
party with any Petition or Response under the Family Law Act or Uniform Parentage Act, Order to Show
Cause, Response to Order to Show Cause, Notice of Motion, Response to Notice of Motion, or other


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family law pleading which will result in a court hearing or trial, unless a Notice has previously been filed
within the past 180 days. A Proof of Service shall be filed with the Court.

      (1) Exceptions: This rule shall not apply to domestic violence cases filed under Family Code
      6200 et seq, nor to Title IV-D child support actions involving the Department of Child Support
      pursuant to Family Code §§17400 and 17406 and/or those actions filed by the local child support
      agency pursuant to Family Code §4900 et seq. This rule shall not apply to Motions to Withdraw or
      to matters pending before a private judge The Notice shall not be served on an employee pension
      benefit plan.

C.      Except for ex parte motions or an initial order to show cause filed with a petition, no hearing or
trial date shall be set by the Clerk of the Court until the moving party has complied with filing and service
of the Notice as set forth in this Rule.

D.     The Court’s ADR program shall maintain a list of attorneys who possess the qualifications related
      to this Rule.

      (Adopted, effective January 1, 2000) (Renumbered (formerly Rule 5.4(c))) and Amended, effective January 1, 2004) (
      Amended, effective July 1, 2004)



Rule 5.6    Ex Parte Orders

A. Court’s Policy. Ex parte applications are strongly disfavored. Orders will be issued thereon
only upon a substantial showing of need. An evidentiary declaration shall contain facts that demonstrate
why the matter is appropriately heard as an ex parte matter, as opposed to being heard on the court’s law
and motion calendar (with or without an order shortening time).

B.    Ex Parte Applications.        The court requires strict compliance with the provisions of Code of
Civil Procedure §1008, and the California Rules of Court, Rules 3.1200-3.1207. California Judicial
Council Forms must be used where applicable. The party seeking any ex parte order has an absolute
duty to inform the court that a requested order will change the status quo.

      1.    Represented Parties. Applications for ex parte orders in family law matters shall be
      presented to the judge assigned to the case for all purposes through the family law clerk’s office at
      the Hall of Justice and Records in Redwood City.

      2.    Self-Represented Parties.      Self-Represented parties seeking an ex parte order must
      present their papers to the Family Law Facilitator’s office for review prior to submission to the
      assigned department. The Family Law Facilitator will submit the documents for signature after
      review.

      3.    Ex Parte Applications. Ex Parte Applications, where there is no pending Family Law case
      and a party is represented by counsel, shall be submitted to the Family Law Clerk’s office and will
      be assigned a department by the Family Law Supervising Judge, for review and determination.

C. Application and Supporting Documentation. It is the court’s policy to decide ex parte
applications solely based on the affidavits/declarations submitted in favor of, or in opposition to, the
applications. All affidavits or declarations must set forth factual information within the personal
knowledge of the affiant/declarants. Conclusions, feelings, wishes, or unsubstantiated fears will not
justify an order. Counsel or a party will not be permitted to augment affidavits or declarations by
statements in court. If the affidavit or declaration does not contain a sufficient factual basis for a
particular order, it will not be granted.

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D. Declaration Regarding Noticing of Ex Parte Application.               An application for an ex parte order
must be accompanied by a written affidavit or declaration that shall include the following information
[See Local Form FL-8]:
     1)     Information on whether the opposing party is represented by counsel; and
     2)     The name, address, and telephone number of the opposing attorney or the opposing self-
            represented party; and
     3)     Explanation of how notice of submitting the application was given to the other party pursuant
            to California Rules of Court 3.1203-3.1204 by either:
            a)     Providing the date, time and manner of giving notice; or
            b)     Specifying reasons why notice has not been given.
This rule applies to initial applications whether or not the other party has appeared in the proceedings or is
represented by counsel.

E.    Notice Requirements-Generally. Ordinarily, an ex parte application will not be considered nor
an order issued without the following:

      1. Give reasonable notice of the filing of the ex parte application to the opposing party so that the
      party might oppose the application. Reasonable notice is defined according to the California Rules
      of Court, Rules 3.1203- 3.1204 as notifying all parties no later than 10:00 a.m. the court day before
      the ex parte is considered by the court. The court may waive this notice requirement in
      extraordinary circumstances if good cause is shown that imminent harm is likely if notice is
      provided to the other party.

      2. Absent good cause, the Ex Parte application and all documents in support of the application
      must be delivered to all of the other parties at the same time when Notice is given, as specified in
      paragraph E.1 above. Delivery of the documents can be achieved by either personal delivery or
      facsimile transmission. Delivery of the documents cannot be made by facsimile alone unless there
      is prior agreement between the parties, which is set forth in the moving party’s declaration. If
      served by facsimile transmission, the moving party shall include in their declaration evidence that
      the opposing party or their counsel actually received said transmission during normal business
      hours.

      3. The moving party shall notify the opposing party of the specific date, time and location the ex
      parte application will be submitted to the court.

      4. Responding/opposing attorneys or self-represented parties shall submit and serve their written
      response to the party seeking the ex-parte relief and to the court within 24 hours of receiving notice
      of the Ex Parte Application. The Court will notify the parties if it requests an expedited response,
      which may occur in some instances.

      5. Notwithstanding the failure of an applicant to comply with the requirements as set forth in this
      Rule, the clerk must not reject an ex parte application for filing and must promptly present the
      application to the appropriate judicial officer for consideration.

F.     Notice Requirement – Emergency Circumstances. If the moving party alleges that notification
may negate the benefit of the requested relief, ex parte relief may be granted without the required notice if
the necessary statutory requirements have been met. The Declaration of Notice shall set forth the factual
basis upon which such claim is based. This includes an adequate showing that giving notice would
frustrate the purpose of the proposed order or that the applicant would suffer immediate and irreparable
injury before the opposing/responding party can be heard in opposition.



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F.     Notice Requirement – Emergency Circumstances. If the moving party alleges that notification
may negate the benefit of the requested relief, ex parte relief may be granted without the required notice if
the necessary statutory requirements have been met. The Declaration of Notice shall set forth the factual
basis upon which such claim is based. This includes an adequate showing that giving notice would
frustrate the purpose of the proposed order or that the applicant would suffer immediate and irreparable
injury before the adverse party can be heard in opposition.

G. Excuse of Notice Requirement.              Notice may be excused if, following a good faith attempt, the
giving of notice is not possible or if notice ought not to be required. All of the foregoing must be
established by declaration accompanying the Application.

H. Exceptions to the Notice Requirements. Requests for the following types of ex parte relief do not
require notice to the opposing party or the opposing party’s counsel:

      1.   Signature of an order or judgment for which opposing counsel has approved or agreed not to
      oppose entry;

      2.    Signature of an order or judgment after default proceedings;

      3.     Wage and earning assignment orders for support orders made on or after July 1, 1990 (Family
      Code §5230). Earning assignment orders may be granted ex parte for support orders made on or
      after July 1, 1990 by submitting the assignment order separately or with the underlying support
      order or judgment.

      4.    Ex parte assignment orders for arrearages accrued under any support order may be requested
      by completing a detailed declaration and calculation, signed under penalty of perjury, setting forth
      the month to month accrual of amounts paid and unpaid. Ex parte assignment orders for arrearages
      are granted without prejudice to subsequent attack by a motion to quash.

      5.    Orders to locate prepared by the Department of Child Support Services.

      6.    Order for the restoration of a former name.

      7.    Order for payment through the Department of Child Support Services.

      8.    Request for a child protective services report for a minor child requested by Family Court
      Services.

I.     Application for Ex Parte Temporary Custody Order.              A party requesting an ex parte custody
order shall, by affidavit/declaration, accurately describe the provisions of any existing order, the current
custody arrangement, the requested relief, the immediate harm or irreparable injury, and the status of any
referral to any law enforcement agency or child protective services.

J.    Order Shortening Time for Hearing and/or Deposition.            When requesting an order shortening
time for hearing and/or taking of a deposition, the supporting evidentiary declaration(s) must set forth the
necessity for the order shortening time. For good cause shown, time for service may be shortened up to
two court days before the hearing date and five calendar days before the taking of a deposition.

K. Stay Away From Residence Orders.                 Ex parte residence exclusion orders will not be issued
unless there is a clear showing, under Family Code §6321, of assault against and/or threats to assault the
party, or a person under the control of the party, that such party has a right to possession of the premises,
and that physical or emotional harm would otherwise result. The showing must include a full description


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of the most recent instance(s) of actual assault, or threats to assault, disposition towards violence,
substance abuse or other such facts, and shall specify the date of each occurrence.

L.    Exclusive Use of Vehicle. An ex parte order granting exclusive use of a vehicle ordinarily will not
be granted unless a declaration demonstrates a true emergency and specific facts to support the order,
including a discussion of the relative hardships to the parties and a compelling need for the order.
Whenever possible, any request for orders with respect to a vehicle should include the year, make and
license number of the vehicle.

M. Set Aside of Ex Parte Order. If a responding party requests an ex parte order to be set aside prior
to the date set for hearing, notice shall be given to the moving party. The court may order an earlier
hearing date or modify the orders on a proper showing in lieu of setting aside the orders.

N. Time and Place. Ex Parte Applications will be considered by the Supervising Judge of the Family
Law Division, or designee, at 2:00 PM Monday through Friday, except for court holidays.

        (Adopted, effective January 1, 2000) (Renumbered (formerly 5.5) and Amended, effective January 1, 2004) (Amended,
        effective January 1, 2008) (Amended section E, effective July 1, 2008)

Rule 5.7         Declarations of Disclosure, Income and Expense Declarations and Tax Returns

(Adopted, effective January 1, 2000)(Renumbered as Rule 5.11 and Amended, effective January 1, 2004)


Rule 5.7    Order to Show Cause and Notice of Motion Rules

A.    Moving and Responsive Papers

      1     Moving Papers: All moving papers must be prepared, filed with the court clerk, and served
      in accordance with the applicable provisions of Special Rules for Trial Courts Family Law, Code of
      Civil Procedure and Family Code. Papers not properly completed may be cause for the matter to be
      dismissed without prejudice. When an Order to Show Cause (OSC) is issued by the Court, it shall
      be signed by the court and filed with the court clerk before it is served.

      2.     Time for Serving Responsive Documents and Reply Documents:             All papers responding
      to an Order to Show Cause or Notice of Motion shall so state in the caption. Such responsive
      papers shall be filed with the court and served no later than the 10th calendar day preceding the
      hearing. A party who has not filed a timely written response may be denied the opportunity to offer
      oral argument at the hearing. All papers filed in reply to a response to an Order to Show Cause or a
      Notice of Motion shall so state in the caption. All reply papers shall be filed with the court and
      served no later than the 5th calendar day prior to the hearing. Any papers not timely filed may not be
      considered by the court, absent a showing of good cause.

      3.     Extra Copies of Moving and Responsive Papers: Counsel are advised to bring an extra set of
      all relevant moving or responsive papers to the hearing. Due to last-minute filings and the volume
      of business, the court file may be incomplete at the time of the hearing.

      4.    Family Court Services Information Sheet--Mediation and Evaluation form: When filing an
      Order to Show Cause or Notice of Motion regarding custody or visitation, whether disputed or not,
      the moving party must also complete a Family Court Services Information Sheet--Mediation &
      Evaluation Form. (Appendix “3". ) This is not to be filed with the court, rather submitted to Family
      Court Services at the time of the scheduled mediation appointment.


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      5.    Post-Judgment motions: Service of post-judgment motions shall be pursuant to Family Code
      §215. However, Family Code §215 shall not apply to on-going matters where a judgment of
      dissolution of status has been entered, but further judgment on reserved issues is pending.

B. Initial Calendaring: All motions and Orders to Show Cause shall be initially set on the law and
motion calendar of the assigned family law department. The initial hearing date shall be assigned by the
clerk’s office at the time the matter is filed. Approximate setting dates are available on the updated clerk’s
office hotline at (650)599-1180 and may be requested on a messenger slip or other memorandum
addressed to the clerk.

      1.    If temporary restraining orders pursuant to the Domestic Violence Prevention Act have been
      granted pending a hearing, the Clerk must set the hearing date within 25 days of the filing date.
      When mediation at Family Court Services is required in these cases, the hearing will be calendared
      within 25 days of the filing date, but hearing on the custody and visitation aspects of the case may
      be continued to another setting unless a Family Court Services mediation date is available at least 5
      court days prior to the hearing.

      2.    If no restraining orders are requested and mediation at Family Court Services is required, the
      hearing should be set at least 7 court days after the Family Court Services appointment.


C. Time Limits: Hearings on the law and motion calendar are limited to 20 minutes and are subject to
further time limitations to accommodate the court’s calendar. The time limit includes presentation of the
case and reading of the file by the Court.

D. Transfer of a Matter Exceeding 20 minutes:

      1. Transfer At Initial Hearing: If at the time of the first calendar appearance the court determines
      that the hearing in the matter will exceed 20 minutes in length, the matter may be continued by the
      Court to a Short Cause calendar in the assigned department.

      2. Transfer Prior to Initial Hearing: If, after service of the Order to Show Cause or Notice of
      Motion, but before the hearing date, both counsel and/or self represented parties agree that the
      hearing of a matter will exceed 20 minutes, the matter may be transferred by the courtroom clerk in
      the assigned department to a Short Cause Calendar.

E. Continuances: A request for a continuance should be made at the earliest possible time prior to the
hearing. A request by the moving party for continuance at the time of the hearing shall be looked upon
with disfavor and in the absence of good cause, shall be denied. Once a matter has been set for hearing,
no more than two continuances shall be granted unless good cause is shown. Absent good cause, if a case
is not ready to proceed to hearing on the date established as a result of the second continuance the court
shall take the matter off calendar. Once approved, counsel should advise the assigned department of the
continuance at the earliest possible date prior to the hearing.

      1. Stipulated continuances prior to hearing: Requests for continuances should be directed to the
      clerk’s office via facsimile, email or in person, until 12:00 Noon the court day before the scheduled
      hearing. If timely made, the Clerk will grant the continuance provided that:
             a.    proper service was effected;
             b.    the requesting party represents that all parties have agreed to a continuance;




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Superior Court of California, County of San Mateo

            c.       all parties have agreed to continue the matter to a specific date which is provided to the
                     Clerk at the time of the request (counsel and parties are reminded that available dates
                     may be obtained from the court’s hotline (650) 599-1180);
            d.       the parties send written confirmation to the Clerk by letter or using local court form
                     “Stipulation and Order Re: Continuance”; and
            e.       the proper fees have been paid or arrangements for payment have been made.

      2. An appearance is required for stipulated continuances made after 12 Noon the court day prior to
      the hearing. Stipulated continuances may be obtained from the courtroom clerk in the assigned
      department before the calendar call. The court may also grant stipulated continuances at the
      calendar call. Parties may submit the local court form “Stipulation and Order Re: Continuance” to
      request a continuance.

      3. If custody or visitation are at issue and the Family Court Services report is not available at least 2
      days prior to the hearing, the court may grant a continuance upon request of a party who has been
      prejudiced by the inability to review the report sufficiently in advance of the hearing.

      4. Continuances of Orders to Show Cause re: Contempt must be requested in open court (with the
      citee present), or obtained by written stipulation including a signed consent by the citee to the
      continuance. The stipulation shall be filed with the court at or before the time set for the original
      hearing. If the citee does not appear, upon request, a bench warrant will normally be issued and
      held until the new date to retain jurisdiction.

F. Conduct of Hearings:

      1.     Meet and Confer Requirements: Once responsive papers have been filed, the moving party
      shall contact the opposing party prior to the scheduled hearing and arrange to meet and confer
      (personally or by telephone) prior to the hearing. All parties and counsel are to make good faith
      efforts to resolve the issues pending before the court, and to inspect documents and exchange
      information so that issues may be resolved, facts agreed to by stipulation, and those issues
      remaining for determination be clearly delineated and expeditiously presented to the court at the
      time of the hearing. Failure to comply with the meet and confer requirements in good faith may
      result in the award of attorney’s fees and/or sanctions against the non-cooperating counsel or party.
      The inability of counsel to get along or communicate effectively is not an excuse for failure to meet
      and confer. The professional obligation of counsel to meet and confer in an effort to resolve
      disputes is an obligation owed to clients, the court, witnesses, children, and other litigants. This
      rule does not apply to harassment or domestic violence matters unless both parties are represented
      by counsel.

      2.     Calendar Calls: The calendar for each session shall begin promptly at the appointed time and
      place designated on the notice of hearing. The supervising judge of the Family Law Department
      may change the times for calendar calls and notice thereof will be published in the legal newspapers
      in the county and/or posted outside the affected courtrooms.

      3.     Non appearance at calendar call: If there is no appearance within 15 minutes of the
      calendared time for the hearing, the matter may be ordered off calendar or may be heard as an
      uncontested matter in the court’s discretion. Counsel who will be engaged elsewhere at the
      calendar call or have an unavoidable conflict in another department should advise opposing counsel
      at the earliest possible time prior to the hearing. Counsel should notify the department(s) they will
      be appearing before, and request the court’s accommodation and/or calendar priority prior to the
      calendar call at the check-in with the courtroom clerk. The court strongly discourages counsel from



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Superior Court of California, County of San Mateo

      scheduling appearances in more than one department per calendar call. If unavoidable, every
      reasonable effort should be made to reschedule one of the hearings.

      4.     If parties and/or counsel wish to conduct settlement negotiations on the day of the hearing,
      they shall notify the courtroom clerk prior to the calendar call at the time of the check-in. After so
      informing the clerk, neither the parties nor counsel need be present when the calendar is called, and
      the matter will remain on calendar. If a case is settled after the calendar is called but before the
      hearing, counsel should so inform the courtroom clerk and every effort will be made to place the
      stipulation on the record before the court hears the remaining contested matters provided there is
      sufficient time. Counsel should not state that a case is settled if any issues are remaining for court
      adjudication. It is the duty of counsel to periodically inform the court of the status of the settlement
      negotiations and to ascertain that sufficient time remains to hear the matter if settlement is not
      reached.

      5.     Matters are frequently continued to another date at the time of the hearing or conference.
      Counsel are advised to bring their calendars to court if they wish the court to take into consideration
      prior commitments. The court will not allow counsel to postpone setting a future court appearance
      because they lack immediate knowledge of their calendar.

      6.     At the time the calendar is called it is the duty of counsel to give the court accurate time
      estimates for the presentation of the entire matter. Failure to do so may result in the hearing being
      interrupted, continued, or ultimately concluded at the end of the calendar.

      7.    Manner of Presentation: Participants shall present Orders to Show Cause and motions in the
            following order:

            a. Announce appearance; and,
            b. Clearly state ALL contested issues; and,
            c. Recite any stipulated matters for approval of opposing counsel, the parties and the court;
               and,
            d. Briefly present argument on each contested issue including a specific recommended
               solution Participants shall not interrupt the opposing side’s presentation, other than with
               valid evidentiary objections, and shall direct all remarks to the court.

      8.    Once the court has rendered its decision, participants shall not attempt to reargue the case. It
      is, however, acceptable to question the court in order to clarify a ruling or correct an obvious
      mistake of fact.

G. Presentation of Evidence at the Hearing:

      1.    Limitation on Evidence/Oral Testimony: Counsel shall be prepared to present their case based
      upon their moving and responsive papers, declarations, and at the court’s discretion by offer of
      proof. Generally, testimony by a witness is not permitted on the Order to Show Cause or motion
      calendars.

      2.    Declarations Received in Evidence: Consistent with the rule enunciated in Reifler v. Superior
      Court (1974) 39 Cal. App.3d 479, and subject to legal objection and cross examination where
      appropriate, all declarations will be considered received in evidence at the hearing. In granting or
      denying applications for orders, it is the court’s policy to determine contested issues based solely on
      the moving and responsive papers, admissible evidence contained in the declarations timely filed
      with the court, and arguments based thereon.



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Superior Court of California, County of San Mateo

      3. Offer of Proof: In lieu of testimony an offer of proof may be made during any hearing or trial at
      the court’s discretion. An offer of proof is a succinct statement given by counsel that states what a
      particular witness would say if called to the stand. Offers of proof are subject to the same
      evidentiary objections as testimony and should be distinguished and presented separately from
      argument.

      4. Witnesses: A party seeking to introduce oral evidence by a witness at the hearing must comply
      with the requirements of California Rules of Court, Rule 3.1306. Even if such notice is given,
      receiving testimony shall be left solely to the discretion of the court.

H. Award of Attorney’s Fees and Costs:              If liquid community assets exist, an award of attorney’s
fees and costs will generally be made from this source. If no liquid community assets exist, the court will
generally award attorney’s fees and costs to those persons who are unable to bear their own fees and
costs. Each party should be aware that an award of attorney’s fees and/or costs under Family Code
sections 2030 and 2032 is generally subject to a need and ability analysis. Absent unusual circumstances,
it is highly unlikely the court will order any party to pay 100% of the other party’s attorney’s fees and
costs. Each party should expect to bear a significant portion of his/her own attorney’s fees and costs even
after a need/ability analysis. An award against a party may, if requested, be made in the nature of non-
taxable spousal support payable by wage assignment. The court will require the repayment of a retainer
where the party awarded the attorney’s fees was compelled to borrow the retainer, and the community or
the paying party has the ability to repay the loan.

When awarding attorney’s fees in enforcement actions, including contempt, the court will be governed by
Family Code §3557.

Any time fees or costs are at issue, pursuant to Family Code, section 2030 both parties shall submit a fully
completed income and expense declaration. (Emphasis added).

I.    TEMPORARY SPOUSAL SUPPORT FORMULA. Temporary spousal support is generally
computed by taking 40% of the net income of the payor, minus 50% of the net income of the payee,
adjusted for tax consequences. In the event there is child support, temporary spousal support is
calculated on the net income not allocated to child support and/or child-related expenses.

( Adopted, effective January 1, 2000)(Amended and renumbered (formerly Rule 5.6), effective January 1, 2004) (Amended,
effective January 1, 2005) (Amended, effective January 1, 2007)


5.8   Short Cause Trials

         ( Adopted, effective January 1, 2000)(Repealed and incorporated into New Rule 5.8, effective January 1, 2004)



Rule 5.8     Trial Setting, Status Conference, and Mandatory Settlement Conference Rules

A. Purpose: The purposes of these rules are to: ensure that contested Family Law matters are
thoroughly prepared and expeditiously processed; foster the informal exchange of information and
cooperation between counsel and parties; avoid using the trial itself as a vehicle for what should be pre-
trial discovery and settlement procedures; and encourage the consideration and use of appropriate dispute
resolution options.

  B. Trials:
     1.    Trial matters may be short cause or long cause. Trials are defined as:



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            a.       Those family law matters referred for trial from a status or settlement conference and in
                     which the trial or hearing requires time on the Court’s calendar in excess of 20 minutes;
            b.       Those family law matters set on, or transferred from the law and motion calendar to the
                     family law trial calendar because the time required to hear the matter will exceed 20
                     minutes; and
            c.       Those family law matters directed by the Court to be placed on the family law trial
                     calendar.
            d.       For purposes of Government Code §26830 only, a trial is considered to be a matter
                     with a setting of one day or more.

      2.    Memorandum that Civil Case is at Issue (“At-Issue Memorandum”): No At Issue
      Memorandum to set the matter for trial shall be filed in any case commenced after January 1, 2004.
      Pending cases as of January 1, 2004 shall be assigned to a department pursuant to Local Rule 5.4
      such that cases shall be randomly assigned to a department and given an date for a status conference
      upon filing of an At Issue Memorandum. Except as noted herein, counsel and all self represented
      parties are advised that compliance with all provisions of Local Rule 5.8(C) is required for all
      cases, whether pending or not as of the effective date of this rule.

C.    Status Conference:

      1.    Date set upon filing: Except as set forth in paragraph 2 below, every case for dissolution of
      marriage, nullity, or legal separation filed after the effective date of this rule will be assigned a
      Status Conference with the assigned judicial department on a date and time to be provided by the
      court upon filing of a Response. The Conference will be set in the assigned department
      approximately 120 days from the filing of the Response unless both counsel or self represented
      parties request that the Status Conference be held earlier, a judgment has been entered, or a
      dismissal has been filed. The court will serve a copy of the Notice of Assignment and Status
      Conference on the parties when the Conference is set.

      2.    If the parties to a case for dissolution of marriage, nullity, or legal separation elect to resolve
      their matter using the collaborative law process (also referred to as collaborative practice) or
      mediation, then they may defer the setting of a Status Conference provided they file a Stipulation
      and Order to Defer Setting of Status Conference. Thereafter, if upon termination of the
      collaborative law process or mediation, either party wishes to set a Status Conference, s/he shall do
      so by filing a Request to Set Status Conference.

      3.     On request of either party or on the Court’s own motion, the court may set any other matter
      for a Status Conference.

      4.    Required Statement: At least 15 days prior to the initial Status Conference the parties shall
      file with the court and serve on all other parties a completed Status Conference Statement (see
      Appendix 1) a copy of which is available at the clerk’s office or through the court’s
      website:www.sanmateocourt.org. The parties may elect to file a jointly prepared Status Conference
      Statement.

      5.    Participation at Conference: Unless otherwise excused by the court, counsel for each party
      and each self-represented party appearing in the action shall attend the Status Conference, shall
      have filed the required statement and shall be familiar with the case and be fully prepared to discuss
      all matters raised by the pleadings including a timetable for resolution which may include those
      actions described below in subdivision 5. The court may, after reviewing the timely filed Status
      Conference Statement determine that appearances at the conference is not necessary. If such



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Superior Court of California, County of San Mateo

      appearance is not required, the court will notify counsel and any self represented parties that no
      appearance is required.

      6.    Actions and orders: At the Status Conference, provided that the parties have stipulated and
      when legally required, the court shall take appropriate action and make orders consistent with the
      policy of prompt case resolution. Such actions may include but are not limited to the following:
            a.     Set the case for trial and/or mandatory settlement conference;
            b.    Schedule the case for a further status conference;
            c.     Bifurcate issues for trial;
            d.    Consolidate cases;
            e.     Set or reset the hearing of law and motions matters;
            f.    Set a date for the exchange of Declaration of Disclosure information;
            g.    Limit, schedule, or expedite discovery matters;
            h.    Set a date for the exchange of expert witness information;
            i.     Refer the case for mediation, arbitration or another ADR method;
            j.    Require filing of preliminary stipulations where the issues can be narrowed;
            k.    Dismiss the action in whole or in part;
            l.    Impose sanctions;
            m. Refer the parties to local family law resources or ancillary services;
            n.    Order counsel or parties to engage in and report back on meet and confer discussions;
            o.    Review case management options under Family Code section 2451 with counsel and
                   self-represented parties;
            p.    Appoint an expert, referee or special master and allocate expenses or set a hearing
                   thereon;
            q.    Refer to Family Court Services for mediation of custody and/or visitation;
            r.     Appoint a Special Master pursuant to Code of Civil Procedure section 639 and
                   California Rules of Court, Rules 3.900-3.910;
            s.     Appoint counsel for a minor;
            t.     Order an evaluation pursuant to Family Code section 3111 or by a psychologist under
                   Evidence Code section 730;
            u.       Any other orders the court deems appropriate for the expeditious resolution of
                     the case.

      7.    Continuances: Each party may request one continuance from the assigned department at least
      15 calendar days prior to the scheduled conference date. Additional continuances may be requested
      for good cause. Good cause may consist of, but is not limited to, a showing that significant
      progress has been made toward a resolution of the case through settlement, mediation, collaborative
      law, and/or reconciliation. Both counsel and parties must agree that the status conference should be
      continued.

      8.     Sanctions: The court may imposes sanctions if a Status Conference Statement is not timely
      filed and served, a Status Conference Statement is not fully completed, a party or his/her attorney
      fails to appear, an attorney or self-represented party is not fully prepared to discuss the case or lacks
      the authority to discuss and resolve any issues that arise at the conference including but not limited
      to discovery matters and the setting of subsequent court dates.

      9.   The matter may not be set for trial until the judicial officer conducting the Status Conference
      deems the matter ready for a Mandatory Settlement Conference and/or trial.

      10. Judges Pro Tem: Experienced family law attorneys may be assigned as judges pro tem to
      assist the parties and counsel in reaching a settlement. (It is not necessary for a party to stipulate to
      a judge pro tem at settlement conferences unless there is a request for stipulations to be placed on


Division V - Rules                                      - 512 -                                Revised 1/1/2009
Superior Court of California, County of San Mateo

      the record.) Parties are required to participate in meaningful settlement discussions and attempt to
      resolve as many trial issues as possible. The supervising judge and any judge or commissioner not
      otherwise engaged may be available for additional assistance, including making orders for sanctions
      requested by either party.

D.    Mandatory Settlement Conferences

      1.    Calendaring:      No long cause case will be tried until the parties participate in a Mandatory
      Settlement Conference (“MSC”). A Mandatory Settlement Conference is available on short cause
      matters by stipulation and court order. The date for the MSC will be set at the final status
      conference by the clerk of the assigned department. Additional Mandatory Settlement Conferences
      may be held on the joint request of the parties or on order of the Court.

            Counsel shall call the clerk of the assigned department at least 5 court days in advance of the
      MSC to confirm that the MSC will go forward or to request a continuance. An MSC will only be
      continued for good cause. No continuances shall be granted on the day of the scheduled
      conference. Failure to comply will result in monetary sanctions.

      2.    Meet and Confer Requirement:         Counsel shall meet and confer either in person or by
      telephone at least seven (7) court days before the day of the MSC to resolve as many issues as
      possible and to specify those matters to be litigated. Results of the conference shall be included in
      the Mandatory Settlement Conference Statement. Failure to comply with these requirements shall
      subject offending counsel to monetary sanctions.

      3.     Mandatory Settlement Conference Statement: Both parties shall prepare a Mandatory
      Settlement Conference Statement and, if support or fees are at issue, a current income and expense
      declaration, and shall serve a copy of each on opposing counsel and the assigned judge in such a
      manner as to assure they are received no later than 12 noon 5 court days prior to the MSC. (If that
      falls on a Monday, which is a court holiday, then the preceding Friday is viewed as the appropriate
      date.) Both parties shall state with specificity their good faith proposal for the disposition of each
      contested issue. Counsel should adhere to the format set forth in Appendix A. A settlement brief
      may be attached. Copies of the following documents shall be brought to the MSC if an unresolved
      issue requires their production (these documents are not to be attached to the Mandatory Settlement
      Conference Statement):

            a.       All real and personal property appraisals and pension plan evaluations. If no written
                     demand to cross-examine the appraiser is made within ten (10) days after the
                     Mandatory Settlement Conference, or five (5) court days prior to trial, whichever
                     occurs first, the appraisal shall be deemed to have been stipulated as admissible in
                     evidence without a foundation and without the appearance of the appraiser.
            b.       If a party proposes an immediate award of the full community interest of a pension
                     plan, then that party must obtain an actuarial or other appropriate and relevant valuation
                     of the plan. The valuation should be requested sufficiently in advance so that the
                     written evaluation is available at the conference.
            c.       Bank, credit union, savings account balances and statements of balances of other liquid
                     accounts, as of the date of separation and relevant dates thereafter.
            d.       Promissory notes, deeds, and other documents of title or major debt, bills from
                     creditors, and negotiated bank checks.
            e.       An itemization of all furniture, furnishings, appliances, utensils, and all other personal
                     property with the party’s best estimate of value of each item, unless the parties
                     previously have agreed to some division of these items, or unless an appraisal of these
                     items is included.


Division V - Rules                                       - 513 -                                Revised 1/1/2009
Superior Court of California, County of San Mateo

            f.       A statement from the carrier of the cash value of a whole life insurance policy.
            g.       Copies of the relevant blue book pages for all vehicles whose value is at issue.

      4.     Attendance: Absent a court order allowing a party to appear telephonically, both parties and
      their counsel of record must personally attend the MSC and be prepared to conduct a meaningful
      settlement conference. Each attorney attending the MSC shall have a thorough knowledge of the
      evidence and shall be prepared to discuss the facts and law pertaining to all issues then pending and
      to be resolved at trial.

      5.     Sanctions: The trial judge may consider the reasonableness of each party’s prior settlement
      position in awarding attorney’s fees and costs pursuant to Family Code §271. Failure to appear or
      participate in the MSC or to comply with the exchange of information as required by these Rules
      will result in sanctions.

      6.    Setting for Trial: Cases shall be set for trial according to Local Rule 5.8 (E) and (F) at the
      conclusion of the conference where settlement was not reached on all issues.

E.    Short Cause Trials

      1.     Short cause trials may not exceed 3 hours, including time for the judge to review the file, read
      the trial briefs, conduct chambers conferences and issue a ruling. Cases may be assigned to a
      department’s Short Cause trial calendar by court order from the law and motion calendar or at the
      conclusion of a status or settlement conference that did not fully resolve all pending issues. A trial
      date will not be set except by the assigned department after determination is made that subsequent
      conferences would not settle the case. Cases that exceed the 3 hours time limit may be mistried by
      the trial judge and set for a status or Mandatory Settlement conference with a revised time estimate,
      continued, or dismissed from the trial calendar

      2.     Continuances:      One stipulated continuance of a short cause trial may be granted by phone
      with 24 hours’ notice, or in open court. No more than one continuance shall be granted without
      court order and for good cause shown. If a case is not ready to proceed to hearing on the date
      established as a result of the continuance, the court shall, absent good cause shown, take the matter
      off calendar.

      3.     Occasionally, temporary judges will be available to hear short cause cases when the assigned
      judicial officer is absent. These temporary judges will be experienced family law attorneys who
      have been approved by the supervising judge of the Family Law Department and/or the presiding
      judge. If a case is assigned to a temporary judge, litigants will be asked by the clerk in the assigned
      trial department to sign a stipulation consenting to that temporary judge. If consent to a temporary
      judge is not obtained, the case shall be referred to the Supervising Family Law Judge for
      assignment that day to an available judicial officer or continued to a convenient date on another
      calendar.

      4.    Counsel shall meet and confer either in person or by telephone at least 7 calendar days before
      the day of the trial to resolve as many issues as possible and to specify those matters to be litigated.
      Failure to comply with these requirements shall subject offending counsel to monetary sanctions.

      5.    If custody or visitation is in issue at the time of the trial, the parties shall meet with Family
      Court Services before trial. The meeting shall be scheduled sufficiently in advance of the trial to
      allow time for the counselor to prepare and file a recommendation, at least 5 calendar days before
      the scheduled trial date.



Division V - Rules                                       - 514 -                               Revised 1/1/2009
Superior Court of California, County of San Mateo

      6.     Mandatory Short Cause Statements:Counsel shall prepare a short cause trial statement and, if
      financial matters are at issue, an income and expense declaration. Completion and filing of a
      Mandatory Settlement Conference statement shall satisfy the requirements of this section. The
      originals of these documents and income and expense declaration shall be filed with the family law
      clerk’s office and copies served on the opposing party not later than 5 calendar days before the
      Mandatory Settlement Conference or trial date whichever comes first. Except as noted herein,
      every short cause trial statement shall be in the form of Appendix 4. Failure to timely serve and file
      the trial statement shall subject the offending counsel to sanctions.

      7.    Memorandum of Points and Authorities:        When a case involves complex or novel points
      of law or the California Rules of Court require it, the parties shall file legal points and authorities
      along with their short cause trial statement.


F.    Long Cause Trials

      1.       A long cause trial is defined as any trial estimated to require more than 3 hours of court time.

      2.    Trial Setting:      A trial date will not be set except by the assigned department after the
      Mandatory Settlement Conference has occurred and a determination made that no further settlement
      conferences will settle the case. The trial date will be set a reasonable time after the last settlement
      conference.

       3. Continuances:       Trials may only be continued by the supervising judge or assigned trial
      judge. Normally continuances are only granted in extraordinary circumstances (which do not
      include a change of counsel).

      4..      Trial Preparation: The rules governing trial preparation are set forth in Appendix “5".

      5.    Trial Briefs:      Trial briefs are required. If a case involves complex or novel points of law
      or otherwise required by California Rules of Court, the trial brief shall include legal points and
      authorities. The format of the trial brief is left to each attorney’s discretion. Trial briefs shall be
      exchanged as set forth in Appendix “5".

      (Adopted, effective January 1, 2004) (Amended, effective January 1, 2005)
      (Amended, effective July 1, 2005) (Amended, effective January 1, 2007)
      (Amended, effective January 1, 2008) (Amended, effective January 1, 2009)

Rule 5.9 Long Cause Trials

           ( Adopted, effective January 1, 2000)(Repealed and incorporated into New Rule 5.8, effective January 1, 2004)

Rule 5.9       Judgment by Default or Uncontested Hearing

A. A dissolution or legal separation may proceed by way of default or stipulation. The judgment is
obtained by testimony at a default prove-up or uncontested hearing, or by stipulation and/or affidavit
pursuant to Family Code §2336.

B.    To obtain entry of default, the Petitioner must complete and file a Proof of Service of Preliminary
Declaration of Disclosure, a Request to Enter Default, and provide the clerk with a stamped envelope
bearing sufficient postage addressed to the spouse who has defaulted, with the address of the family court
clerk’s office as the return address. After default is entered, the Petitioner may apply to the court for the


Division V - Rules                                                - 515 -                                      Revised 1/1/2009
Superior Court of California, County of San Mateo

relief sought in the Petition by submitting an original and two copies of a judgment packet. A judgment
packet must contain the following documents:

      1.    Declaration of Default or Uncontested Dissolution or Legal Separation, Judgment (Family
      Law) with or without a Marital Settlement Agreement, Notice of Entry of Judgment and envelopes,
      with the court’s address as the return address, stamped and addressed to each party.

      2.    If a default judgment is submitted with a Marital Settlement Agreement, the judgment
      package must also include a Declaration Regarding Service of Final Declaration of Disclosure from
      each party unless waived consistent with state law (Family Code §2105). Respondent’s signature
      on the Marital Settlement Agreement must be notarized.

      3.    If the proposed uncontested judgment is not a stipulated judgment and includes a division of
      property, a fully completed property declaration, including values, must be filed. The court cannot
      divide assets or debts that are not listed on the Petition or property declarations served on
      Respondent.

      4.    If the proposed uncontested judgment is not a stipulated judgment and includes provisions for
      child support, spousal support or a waiver thereof, attorney’s fees or costs, the moving party must
      also file a current income and expense declaration. Neither child nor spousal support will be
      granted unless the moving party sets forth an estimate of the other party’s income in the income and
      expense declaration. If the moving party does not know the other party’s present income, this
      requirement may be met by evidence of the other party’s ability to earn, work history or other
      relevant facts.

      5.    Requests for default in a nullity action must be accompanied by a declaration setting forth the
      factual basis for the request.

C.    Stipulated judgments in cases which are not proceeding by default, must contain the following
      waivers:

      1.       The matter may proceed on the default or uncontested calendar before a judge pro tem; and,
      2.       The parties waive their right to notice of trial, a statement of decision, to move for a new trial,
               and to appeal.

      ( Adopted, effective January 1, 2000) (Renumbered (formerly Rule 5.13), and Amended, effective January 1, 2004)



Rule 5.10 Family Support Division Matters

           ( Adopted, effective January 1, 2000)( Renumbered as Rule 5.12 and Amended, effective January 1, 2004)


Rule 5.10      Preparation of Orders After Hearing and Judgments

A. Unless otherwise ordered by the court, counsel for the moving party shall prepare a formal order or
judgment. The order or judgment shall be prepared within ten (10) calendar days of the hearing, unless a
transcript has been ordered within five (5) days of the hearing and paid for in a timely manner, in which
case the order shall be prepared within seven (7) calendar days of receipt of the transcript. The order or
judgment shall be prepared so that at least two lines of text appear on the page upon which the judge’s
signature is affixed. No text may appear after the judge’s signature.




Division V - Rules                                              - 516 -                                     Revised 1/1/2009
Superior Court of California, County of San Mateo

B.    The party preparing the order or judgment shall send it to the opposing side for approval as to form
and content unless the court authorizes the preparer to submit it directly to the court. The recipient shall
have ten (10) calendar days from the date of mailing to review the order and, either sign it as prepared, or
notify the proponent in writing of objections to its content. If the parties cannot agree on the language of
the order, then, within 45 days, of the hearing or trial either party may submit the proposed order with a
copy of the transcript of the recited order and any written objections by the other party to the judicial
officer who made the ruling.

C.    If the responding party fails to timely approve or object to the order or the judgment, the party who
prepared the order shall send a second letter stating that he or she will submit the order or judgment
drafted to the court for signature, if no written response to the order is received with five (5) calendar days
of the date of the letter. If there is no written response to the second letter, the party preparing the order
may transmit the proposed order to the Court for signature by the assigned judicial officer with a
declaration explaining the circumstances and with copies of both communications attached.

      ( Adopted, effective January 1, 2000) (Renumbered (formerly Rule 5.14) and amended, effective January 1, 2004)



Rule 5.11    Family Court Services

      (Adopted, effective January 1, 2000) (Renumbered as Rule 5.13, effective January 1, 2004)


Rule 5.11 Declarations of Disclosure and Financial Information to be Provided

A. Declarations of Disclosure: All preliminary declarations of disclosure (“DOD”) shall be prepared
and served in compliance with Family Code §§ 2103 and 2104.

All final DOD’s shall be prepared and served in compliance with Family Code §2105, unless mutually
waived in compliance with Family Code §2105(d).

Pursuant to Family Code § 2106, absent good cause, no judgment regarding the parties’ property rights
shall be entered without each party executing and serving their respective DOD and filing their respective
proof of service of the DOD. “Good cause” may be established by a declaration signed under penalty of
perjury, stating sufficient supporting facts or at a court hearing.

B.    Financial Information: The following rules apply to all Family Law proceedings where any
financial matter is at issue, including any request for child support, spousal support, family support, or
attorneys fees and/or costs. The parties must completely disclose all relevant financial information to
each other and the court whenever a financial matter is at issue.

      1.     Completed Income and Expense Declaration: A case may not be heard unless current Income
      and Expense Declarations have been completed by each side, filed with the court, and served on the
      opposing party. An Income and Expense Declaration is current if it is executed within 60 days of
      the hearing. If a previously filed Income and Expense Declaration is claimed to be current, a copy
      must be attached to the moving or responding papers. However, in no event will an Income and
      Expense Declaration executed more than 6 months prior to the hearing be sufficient. All applicable
      blanks on the form must be completed (notations such as “not applicable,” “none,” “estimated,” or
      “unknown” should be used where appropriate. Supplemental, updated, or responsive Income and
      Expense Declarations shall be served at least five court days before the hearing. The court may
      impose sanctions as permitted by law, or dismiss the matter, if delay results from the failure of
      either party to comply with these requirements.


Division V - Rules                                            - 517 -                                     Revised 1/1/2009
Superior Court of California, County of San Mateo

      2.         The Income and Expense Declarations shall be deemed to be received in evidence at the
      hearing, subject to amendment and cross-examination. Examinations on matters covered by the
      Income and Expense Declaration will be heard only under exceptional circumstances within the
      court’s discretion and normally will be limited to testimony regarding unusual items not adequately
      explained in the Declaration itself.

      3.         Required Supplemental Information:
            a.    Wage earners must attach three most recent pay stubs for all jobs and their most recent
                  W-2 and/or 1099 forms to all Income and Expense Declarations.

            b.       If self employed, a party must provide a profit and loss statement, financial statement
                     or other schedule reflecting all compensation received by that party for the year to date
                     and for the prior year. All gross self-employment income and all business expenses
                     must clearly be identified and itemized.
            c.       Rental income received by a party (including from roommates) must be disclosed in a
                     summary document reflecting all rental receipts, deposits, reimbursements, and
                     expenses for the current year to date and for the prior year.
            d.       If a party is unemployed, a declaration must describe previous employment, gross and
                     net income derived there from, reasons for termination of employment and the current
                     efforts undertaken by the party to seek work.
            e.       If there are other income producing household members, a declaration must specify:
                     their income(s), the household member(s) relationship to the party, their contribution(s)
                     to household expenses, and any financial arrangement between the party and that
                     household member(s).
            f.       If the other party’s income is unknown, a declaration must include the following
                     information if known: prior employment history including employer’s name,
                     position(s) held, duration of employment, earnings, and reason for termination of
                     employment; educational background and degrees; licenses held; age; health; and any
                     other supported children.
            g.       If a party is disabled, that party should submit documentation of and a declaration
                     including the following information: nature of the disability and how long it is
                     expected to continue; type of disability benefits received; monthly amount of benefits
                     received; duration of benefits received; whether or not the disabled party has applied
                     for benefits for a child.
            h.       If a party is receiving retirement benefits, that party must submit documentation of and
                     a declaration that specifies the type of retirement benefit(s) received and the amount
                     being received from each benefit.
            i.       If a party is incarcerated this fact must be disclosed on a declaration including the place
                     of incarceration and the expected date of release, if known.
            j.       The section on attorney’s fees and costs must be full completed including the hourly
                     rate, even if attorney’s fees have not been requested, along with the amount of fees and
                     costs paid to date and fees and costs outstanding.
            k.       If a party has or will receive bonuses, a schedule of bonuses, setting forth the amount
                     and date of the most recent bonus, the date on which the next bonus is expected to be
                     received, and the amount of the next bonus (if known) must be provided.
            l.       If a party receives overtime, a declaration must include a statement of overtime and a
                     description of the frequency of overtime if the receipt varies.
            m.       When requesting add-ons to child support, the moving party must specify the actual
                     amount of each add-on expense that is being requested (if known) and documentary
                     proof that the expense is being incurred.




Division V - Rules                                        - 518 -                                Revised 1/1/2009
Superior Court of California, County of San Mateo

             n.      A party receiving public assistance benefits shall disclose that fact, including the
                     appropriate aid and/or Department of Child Support Services identification or file
                     number, in the appropriate section of the Income and Expense Declaration.

      4.    Tax returns and forms: When child, spousal, or family support has been requested a party
      may require the opposing party to provide income tax return forms and schedules pursuant to
      Family Code §3552. The request should be made no later than 5 court days prior to the hearing
      and the documents produced no later than 2 court days prior to the hearing. The type of income and
      documents that may be requested are:
            a.    Salaried or hourly employees: a copy of the party’s W-2 form for the prior year.
            b.    Self-employment or independent contractor income: a copy of the Schedule C and all
                  depreciation schedules of that party’s IRS 1040 or 1040A forms from the most recent
                  federal income tax return filed.
            c.    An owner or owner/employee of a corporation: copies of the Schedule 1120 and 1125
                  and all depreciation schedule of that party’s IRS 1040 or 1040A forms from the most
                  recent federal income tax return filed.
            d.    An individual with income derived from a partnership: the K-1 most recent
                  statement(s) and IRS form 1065 for each partnership from the most recent federal
                  income tax return filed.
            e.    The recipient of rental income: copies of the Schedule E form attached to that party’s
                  IRS 1040 or 1040A form and all depreciation schedules from the most recent federal
                  income tax return filed.
            f.    The recipient of dividend of interest income: copies of all 1099 forms for the prior year
                  and a copy of Schedule B of that party’s IRS 1040 or 1040A form from the most recent
                  federal income tax return filed.

C.    Child Support Proceedings: all stipulations regarding child support shall include a support
      calculation such as DissoMaster or SupportTax printout.

      1.     If the stipulated amount falls below guideline as set forth in the attached calculation the
             following language must be included, except where either of the parties or children is
             receiving public assistance:
             a. The parties are fully informed of their rights concerning child support;
             b. The order is being agreed to without coercion or duress;
             c. The agreement is in the best interest of the child(ren);
             d. The needs of the child(ren) will be adequately met by the stipulated amount; and
             e. The right to support has not been assigned to any county pursuant to Welfare and
                    Institutions Code §11477 and no public assistance application is pending.

      2.     If the stipulated amount is above guideline, language must be included that the parties
             understand that a change of circumstances is required to modify the amount downward,
             unless the stipulated amount indicates a change of circumstance is not required.

      ( Adopted January 1, 2000) (Renumbered (formerly Rule 5.7, and Amended, effective January 1, 2004)



Rule 5.12       Appointment of Counsel for Child
(Adopted, effective January 1,2000) (Renumbered as Rule 5.14, amended, effective January 1, 2004)

Rule 5.12    Department of Child Support Services

A.     All matters involving the Department of Child Support Services shall be heard and set on the
Child Support Services (DCSS) calendar. All domestic relations matters involving the Department of

Division V - Rules                                           - 519 -                                       Revised 1/1/2009
Superior Court of California, County of San Mateo

Child Support Services shall be heard at the Hall of Justice, 400 County Center, Redwood City unless the
Department has provided a written waiver.

B.      The DCSS calendars are set at either 8:30 a.m. or 1:30 p.m. as parties are expected to meet and
confer with the representative(s) of the Department of Child Support Services office prior to the calendar
call.

C.      When the County of San Mateo is providing public assistance benefits to a custodial parent
pursuant to Welfare and Institutions Code §11477, the San Mateo County Department of Child Support
Services is an indispensable party to any action involving child support. The party seeking establishment,
modification or enforcement of a child support order shall give the Child Support Agency written notice
as required by case law. [See In re Marriage of Mena (1989) 212 Cal. App. Ed 12 and In re Marriage of
Lugo (1985) 170 Cal. App. 3d 427.] Upon a showing that adequate notice was given to the Child Support
Agency, the action may be heard despite the absence of a representative from the Child Support Agency’s
office.

D.    All orders involving the Department of Child Support Services shall include the following
      provisions:

      1.    All payments shall be made by wage assignment payable to the Department of Child Support
            Services;
      2.    The Payor must provide the Department of Child Support Services with their date of birth,
            social security number, income information, employer’s name, employer’s address, and
            residential address.
      3.    The Payor must notify the Department of Child Support Services in writing with 48 hours of
            any change of address, income or employment.
      4.    The Payor shall provide health insurance for the child/children in the action, if available at no
            or reasonable cost through their employment.
      5.    The Payor shall provide documentation showing proof of health insurance coverage to the
            Department of Child Support Services within 48 hours.

E.    The parties may use the Department of Child Support Services case number to litigate issues of
       child custody and visitation.

(Adopted, effective January 1,2 000) (Renumbered (formerly Rule 5.10) and amended, effective January 1, 2004)


Rule 5.13   Judgment by Default or Uncontested Hearing

(Adopted, effective January 1, 2000) (Renumbered as Rule 5.9 and Amended, effective January 1, 2004)


Rule 5.13   Family Court Services

A. Mediation Required:        Whenever custody or visitation are in dispute, the parties are required by
Family Code §3170 to participate in court ordered mandatory mediation either with a counselor at Family
Court Services (FCS) or a private mediator retained by the parties. Upon a showing of good cause,
investigations pursuant to Family Code §3110 will be ordered. Investigation is a separate function from
that of mediation and may not be ordered unless an attempt is first made to settle a case through
mediation.

B.    Mediation at Family Court Services


Division V - Rules                                       - 520 -                                 Revised 1/1/2009
Superior Court of California, County of San Mateo

      1.    Location of Family Court Services: Family Court Services is located on the 6th floor of the
      Hall of Justice and Records, 400 County Center, Redwood City, California. Phone number: 650
      363-4561; Fax 650 363-4966. FCS maintains limited hours in the Northern District Branch for day
      of court mediation and appointments.

      2.    Initiating Family Court Services mediation:        If an OSC or motion requests a court order
      concerning custody or visitation and FCS mediation appears necessary, the moving party, or their
      attorney, must call FCS when the moving papers are filed to schedule a mediation appointment. If
      the responding party determines that a custody or visitation dispute exists, which is not set forth in
      the moving papers, the responding party is responsible for scheduling the earliest possible FCS
      mediation date and promptly notify the moving party of the time and date for the meeting.
      (Providing the requested relief is available pursuant to Family Code section 213).

     3.      Parent Orientation Workshop: All parties filing an OSC or motion related to custody and
      visitation of minor children are required to complete a parent orientation workshop prior to
      mediation. Parties can meet this requirement by:

            a) Viewing the presentation and parent Handbook online at www.sanmateocourt.org/fcs.
            Parties are required to bring their certificate of completion to their mediation appointment.

            b) Parties may attend the Family Court Services Parent Orientation at the Court by calling
            FCS at 650 363-4561 or register on-line at www.sanmateocourt.org/fcs/signup/

     4.     Failure to Appear at Mediation: The Court will impose a fine of $100 on a party who
      receives reasonable notice of the mediation at FCS and fails to appear without good cause or who
      cancels within 48 hours of the appointment.

     5.     Submitting Mediation Data Sheet and Declarations: At or before the mediation session, each
      party must submit a completed Family Court Services Mediation Information Sheet. Blank
      mediation data sheets may be obtained from Family Court Services. If day of court mediation is
      going to be requested, the parties are expected to have completed the day of court Family Court
      Services Mediation Information Sheet prior to having their matters called in court. The parties
      should indicate to the courtroom clerk that they plan to request a referral to Family Court Services.

      Prior to the mediation conference, the parties, or their attorneys, may provide FCS with filed-
      endorsed moving papers, responsive papers, and/or declarations signed under penalty of perjury.
      Absent a court order to the contrary, FCS will not accept these documents unless they have been
      served on the opposing party or their attorney. FCS may review further documents submitted by
      either party if the counselor, at the counselor’s sole discretion, determines that the documents are
      relevant to the mediation process.

      6. Telephone Conferences: If a personal meeting with a counselor at FCS is not feasible, such
      as when one party resides outside of the nine Bay Area counties, a conference may be conducted
      by telephone. The parties or counsel for the parties shall advise the FCS office of the need for
      telephonic mediation and provide appropriate telephone numbers. The party residing at a distance
      shall be responsible for calling FCS at the time of the appointment (i.e., FCS does not call the
      parties).

      7. Initial Meeting: Other than a statutorily authorized support person, only parents shall attend
      the initial mediation conference, unless requested by the court or FCS counselor. The parties’
      attorneys do not participate in FCS mediation. If the counselor wants to interview the child(ren),
      new spouses or other parties, the counselor will arrange for such interviews after the initial


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Superior Court of California, County of San Mateo

      meeting. Parents should not bring children to mediation appointments unless specifically requested
      by the mediator or Court.

      8. Subsequent Mediation Appointments: Unless a review mediation is requested by the Court or
      the mediator, parties may not set an appointment with Family Court Services within six months of
      their last mediation unless authorized by the Court In general, it is the policy of Family Court
      Services to assign the parties the same mediator in order to provide for continuity of services and
      to prevent minor children from needing to be interviewed again.

     9.    Request for Change of Counselor (Pursuant to F.C. 3163):
           A.   A peremptory challenge of a counselor is not allowed.
           B.   A party may request a change of counselor as follows:
               1.      Requesting a Client Comment Form or sending a written request to the Manager
                of Family Court Services outlining the reasons for the request.

                 2.     No change of counselor requests will be granted unless there is substantial
                 showing that the counselor is biased or prejudiced against one of the parties or is unable
                 to render a fair and impartial recommendation.

                 3.     The Manager shall review the request and shall advise the parties of the decision
                 in writing. The Manager’s decision is final.

      10. Separate Mediation: If there is a restraining order, the parties will be seen separately. A
      party who alleges under penalty of perjury that they have been a victim of domestic violence may
      request separate mediation even though there is no current restraining order. Protected parties or
      parties who allege domestic violence may have a support person in the mediation session. The
      support person must be at least 18 years of age and cannot be the attorney of record for either party.
      The support person must sign a FCS form agreeing to keep the mediation confidential. The support
      person is present for emotional support and cannot speak or offer comments to the mediator or
      advice to the parent. If the support person is disruptive to the mediation, the counselor will exclude
      the support person.

      11. Involvement of a Child in the Process: In general, children are interviewed by the mediator
      without the parents present. Family Court Services does not provide the type of parent-child
      interaction/attachment assessment that is included in a private child custody evaluation. However,
      a child seen with one parent shall also be seen with the other parent unless there is a court order
      stating otherwise, or, in an unusual case, the evaluator determines that such observation is
      unnecessary or not in the best interests of the child. The mediator has the discretion to determine
      the number of interviews and amount of time spent with each parent-child combination and whether
      siblings should be interviewed separately or jointly.

      12. Recommendation by Mediator or Evaluator: If the parties are unable to resolve issues of
      custody or visitation by mediation, the FCS counselor will submit a written recommendation and
      the reasons for the recommendation to the parties, their attorneys and the court. The court will
      consider the recommendation at the time of the hearing. A party has the right to cross-examine the
      counselor during the hearing. A subpoena is required to ensure attendance of the counselor.

      If both parents did not participate in the evaluation, or there is a court order in this regard, the
      mediator or evaluator shall not make recommendations regarding custody and/or visitation. Any
      recommendations made without both parents’ participation or court order shall be given little (or
      no) weight by the court and FCS.



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Superior Court of California, County of San Mateo

      13. Extended Family Court Services Mediation, Investigation: If the court orders FCS to perform
      an extended mediation evaluation, the parties shall bear the cost of such services at the prevailing
      hourly rate. The court will require one or both parties to pay an initial nonrefundable deposit set by
      the court. The parties shall provide a copy of this order to FCS when they report to intake. Failure
      to complete the intake process will delay completion of the investigation. An extended mediation
      evaluation is more limited in scope than a private custody evaluation (i.e., FCS does not conduct
      psychological testing or attachment assessments between parents and young children).

      14. Sealing reports and Filing Recommendations Reports submitted by FCS or other mental
      health professionals shall always be sealed in the civil file.

      15. Confidentiality of Reports: A mediator’s Memo to the Court shall be confidential and
      unavailable to any person except the court, the parties, their attorneys and any person to whom the
      court expressly grants access by written order made with prior notice to all parties. Except for the
      section of the Memo labeled “Recommendations” or “Agreements” the memo should never be
      attached to any pleadings made part of the Court file. Minors should not have access to the Memo
      to the Court.

      Anyone receiving the mediator’s report shall not give copies of, or parts of the Memo to anyone
      who is not assisting in the preparation of the case. These reports usually contain sensitive
      information and shall not be used to cause unnecessary embarrassment or harm to the parties but
      shall be handled in a responsible, confidential manner for purposes limited to the litigation. The
      court reserves the right to impose appropriate sanctions upon any person who violates this rule.

      Family court mediation proceedings shall be held in private and shall be confidential. All
      communications, verbal or written, from the parties to the mediator made in the proceeding are
      official information, and mediators must protect the confidentiality of the parties and the child and
      must not release information about the case to any individual except as authorized by the court or
      statute.

      If any person subpoenas or otherwise attempts to obtain confidential mediation information, the
      mediator will be deemed to have asserted the privilege for official information, and said
      information will not be provided without an order of the court.

C.    Court Ordered Private Child Custody Evaluations:

      1.    Court appointed evaluators shall abide by the requirements of Rule 1257.3 Uniform
      Standards of Practice for the Court Ordered Child custody evaluation in the California Rules of
      Court.

      2.    No peremptory challenge to a Court appointed evaluator is allowed.

      3.    Evaluators may petition to withdraw from a case by submitting a request in writing to the
      court and mailing copies to the counsel for the parties. The request shall include the reason for the
      request and a status report on any action taken by the evaluator appointed to the case.

      4.     Grievance Procedure: Complaints regarding the evaluator’s performance shall be submitted
      to the Court for review. All submitted written complaints will receive a response from the Court.

      5.    The evaluator may initiate an ex parte communication with the court to define the scope,
      process and methods of the evaluation when authorized by the order appointing the evaluator.



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Superior Court of California, County of San Mateo

      6.   All child custody and visitation evaluations shall be ordered by the court and evaluators will
      be appointed under Evidence Code Section 730. The court may elect not to consider evaluations
      which have not been approved and ordered by the court.

      7.    A copy of the appointment of the evaluator under Evidence Code Section 730 will be made
      available to the court assigned evaluator. A court ordered evaluation may be limited in scope to the
      issues identified by the court.

      8.    Information from Children: The court relies on the judgment of its experts in making decision
      about when, how often, and under what circumstances children are interviewed. The expert shall be
      able to justify the strategy used in any particular case. Except in extraordinary circumstances,
      including the potential for danger to the child, children shall be informed that the information
      provided by the child will not be confidential.

      9.    Any evaluation based on interviews with only one parent shall not include a recommendation
      regarding custody.

      10. Payment of the Evaluation: The court will order payment of the evaluation at the time of the
      appointment.

      11. Any court ordered child custody evaluation shall be submitted to the court and counselor for
      the parties not less than ten (10) days before the hearing or trial.

      12. A list of names of local child custody evaluators in can be obtained by contacting Family
      Court Services at 650 363-4561.

      (Adopted, effective January 1, 2000)(Renumbered (formerly 5.11)and Amended, effective
      January 1, 2004) (Amended, effective January 1, 2005)


Rule 5.14        Preparation of Orders After Hearing and Judgments

(Adopted, effective January 1, 2000)(Renumbered as Rule 5.10 and Amended, effective January 1, 2004)

Rule 5.14   Appointment of Counsel for Child

A. The court may appoint counsel for a child at any time the court determines that the appointment is
justified by the specific facts of that case and may do so over the objection of the parties.

B.     Once the decision to appoint counsel for a minor has been made, the court shall determine which of
the following methods will be used for the selection of counsel:
       1.   By the judge’s selection of a member from the San Mateo County Private Defender Program;
            or,
       2.   By the parties’ stipulation to a member from the San Mateo County Private Defender
            Program.
       3.   By stipulation to a private attorney as approved by the court and for which the parties shall
            bear full financial responsibility.

C.     Upon appointment of counsel for a child, the judge shall designate who shall contact the attorney
and determine his or her availability. Once the attorney has agreed to accept the appointment, an order of
appointment of counsel for minor shall be prepared, filed and served upon the appointed counsel, counsel
for the parties or unrepresented parties. Should the appointed counsel be unavailable for any reason, this

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Superior Court of California, County of San Mateo

information shall be reported to the clerk of the judge making that appointment and another appointment
shall be made.

D. No judicial officer shall appoint counsel for a minor through the Private Defender panel and
authorize the payment for services of said counsel to be made without the prior approval of the
supervising judge of the Family Law Department.

E.     All requests for payment for services of said counsel to be made by the Private Defender Program
shall be submitted to the supervising judge for his or her approval.

      ( Adopted, effective January 1, 2000) (Renumbered (formerly Rule 5.12) and amended, effective January 1, 2004)

Rule 5.15    Family Law Facilitator’s Duties

A. Pursuant to Family Code Section 10000 et seq., the San Mateo County Superior Court shall
maintain an office of the Family Law Facilitator. Services provided by the Family Law Facilitator shall
include, but are not limited to:
      1.     Providing educational materials to parents concerning the process of establishing parentage
             and establishing, modifying, and enforcing child support and spousal support in the courts;
      2.     Distributing necessary court forms and voluntary declarations of paternity;
      3.     Providing assistance in completing forms;
      4.     Preparing support schedules based upon statutory guidelines; and
      5.     Providing referrals to the local child support agency, family court services, and other
             community agencies and resources that provide services for parents and children.

B.    Provided that they have adequate staffing, time, funding and available resources, the Family Law
      Facilitator may:
      1.     Meet with parties to assist in resolution of issues of child support, spousal support, and
             maintenance of health insurance, subject to Family Code §10012
      2.     Draft stipulations on any issues agreed to by the parties.
      3.     Prior to or at the hearing, and at the request of the court, review the paperwork, examine
             documents, prepare support schedules, and advise the judge whether the matter is ready to
             proceed;
      4.     Assist the clerk in maintaining records;
      5.     Prepare formal orders after hearing where both parties are self-represented.

C.      Self-represented parties (pro pers) in family law cases are encouraged to meet with the Family Law
Facilitator located at the Hall of Justice and Records, 400 County Center, Redwood City, California prior
to filing any documents or pleadings with the Court. If the matter to be addressed is child and/or spousal
support, parties shall bring with them the following documents to their meeting with the Family Law
Facilitator:
        1.    Three (3) recent wage stubs
        2.    The last IRS Form 1040, 1040A or 1040EZ
        3.    Filed, completed Income and Expense Declarations, and
        4.    Receipts for childcare and medical expenses.

If a party is self-employed, that party shall bring:
       1.     His/her most recent tax return,
       2.     Quarterly profit and loss statements,
       3.     Financial statements for the past 12 months; and
       4.     Proof of reasonable and necessary expenses of the business for the past 12 months.



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Superior Court of California, County of San Mateo

D. Pursuant to Family Code Section 10013, the Family Law Facilitator shall not represent any party.
No attorney-client relationship is created between a party and the family law facilitator as a result of any
information or services provided to the party by the family law facilitator. The absence of an attorney-
client relationship means that communications between the party and the family law facilitator are not
privileged and that the family law facilitator may provide services to the other party.

      (Adopted, effective January 1, 2000)(Amended, effective January 1, 2004)

RULE 5.16 COORDINATION OF COURT PROCEEDINGS                                AND     SHARING        OF    CASE
          INFORMATION INVOLVING MINORS

A.     Coordination and Determination of Forum.
       It is the policy of the Superior Court to identify and coordinate proceedings involving the same
minor which may be scheduled in multiple legal settings. It is further the policy of the Superior Court to
coordinate the efforts of the different court divisions so that the minor’s needs are served and the
resources of the family and the court are not wasted. To these ends, the Superior Court and the agencies
serving the court shall establish policies and procedures for the Human Services Agency’s Department of
Children & Family Services (“DCFS”), Family Court Services mediators, (“FCS”), the Probate Court
investigators (“PCI”), and, Juvenile Probation Officers (“JPO”), Victims of Violent Crimes Unit of the
District Attorney’s Office (“VC”) and the Family Law Facilitators (“FLF”), to exchange information and
to determine the most appropriate forum for the resolution of the issues relating to the minor. The
Juvenile Mediation Program (“JMP”) staff and/or mediators shall be an included recipient of such
information when a minor and/or his/her family has been referred to the program.

B.     Confidentiality of Minor’s Information.
       All recipients of information described in section A above shall respect its confidentiality and not
disclose it to unauthorized third parties or use it for any purpose other than to determine the most
appropriate forum or services for the minor and the minor’s family. This protocol shall be read to be
consistent with WIC §827 & §204, Pen. C. §11167.5, Family C. §3111, Probate C. §1514.5, Evidence C.
§ 1115-1126, WI C. §350, California Rules of Court Rule 5.518 and all other statutes governing
confidentiality of information relating to reports of child abuse or neglect. In the event of any conflict
over the interpretation of this protocol, the interpretation most consistent with the policy reflected in those
statutory provisions shall prevail.

      (Adopted, effective July 1, 2007)

RULE 5.16.1      INFORMATION SHARING PROTOCOL BETWEEN AND AMONG THE COURT
                 AND DEPARTMENT OF CHILDREN & FAMILY COURT SERVICES (DCFS),
                 FAMILY COURT SERVICES (FCS), PROBATE COURT INVESTIGATORS (PCI),
                 FAMILY LAW FACILITATOR (FLF), DISTRICT ATTORNEY’S VIOLENT CRIME
                 UNIT (VC), AND JUVENILE PROBATION OFFICERS (JPO) STAFF.

A.      Each agency staff person may orally, or in writing, disclose to each of the other respective agency
staff, the following information:

      1.    Whether a child or his/her parents or caretaker(s) are or have been the subject of a child
      abuse, neglect, probate, criminal or delinquency investigation, regardless of whether or not that
      investigation resulted in a petition being filed. The findings and status of that investigation, the
      recommendations made or anticipated to be made by the respective agency, regardless of whether
      or not that investigation resulted in a petition being filed. The progress of the proceedings while
      under court supervision including compliance with court orders, and a copy of any court order in
      existence as well as probation conditions with respect to the child, parent(s) or caretaker(s).


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Superior Court of California, County of San Mateo


      2.     Any statement made by the child or the child’s parents, guardians or caretakers which might
      bear upon on the issue of the best interest of that child, or a sibling or half-sibling living with or
      visiting with that child, who is involved in a pending Family, or Probate Court matter. Any
      statement made by the child or the child’s parents, guardians or caretakers which might bear upon
      the issue of the child’s dependency or delinquency or any disposition in the dependency or
      delinquency proceedings.

B.    Any information received in under Section “A” above shall be kept in the confidential portion of
      the Family Court Services case file.

C.    Exchange of Documents.
      1.   The respective agencies may provide written documents to each other, unless otherwise
           restricted under Family Code §3025.5. The documents may include, but are not limited to,
           relevant portions of investigation notes, progress notes and summaries, information regarding
           the health status of the minor, any documentation relative to paternity and court reports
           containing information described in “A.1” and “A.2” above.

      2.    Child abuse and neglect reports described by Penal Code Section 11167.5 (Suspected Child
            Abuse Report form #S-8572), information disclosing the identity of a reporting party, or
            court-ordered psychological evaluations will not be exchanged between the agencies absent a
            court order.

      3.    Copies of Department of Children Family Services (DCFS) or Juvenile Probation Office
            (JPO) documents, used by Family Court Services(FCS), or Public Court Investigator (PCI)
            shall not be attached to their respective court reports and shall not be made available to the
            public without a juvenile court order.

D. Designation of Staff for Information Access. FCS and PCI will designate an appropriate staff
person to maintain a current list of court mediators, and facilitators and probate investigators who are
authorized to receive information exchanged under this Rule, and periodically distribute this list to DCFS,
VC and JPO or when ever there is any change in the make up of those lists.

E.    Family Law Facilitator Information Access Limitation. For purposes of this Rule, the only
information that may be disclosed to FLF is whether or not a case is pending in the juvenile court
regarding a particular minor, if that case has been terminated, and the information contained in the exit
orders.

F.    Information Access by Juvenile Mediation Program. For purposes of this Rule, Juvenile Mediation
Program (“JMP”) staff and/or mediators shall be an included recipient of the information set forth above
in paragraphs A.1, A.2 and C whenever a minor and/or his/her family has been referred to the program.
       (Adopted, effective July 1, 2007) (Amended, effective January 1, 2008)

RULE 5.16.2     JUVENILE DEPENDENCY ACTION CAUSING SUSPENSION OF RELATED
                PROCEEDINGS

If a petition pursuant to WIC § 300 is filed in the Juvenile Court, all custody and visitation proceedings in
the Family Court, and all guardianship proceedings in the Probate Court, are suspended. Thereafter,
consistent with WIC §304, custody and visitation shall be determined by the Juvenile Court until the
juvenile case is dismissed. The Child Welfare Worker shall advise the Juvenile Court of the pendency of
any Family Court matter, including case number and department, and the Juvenile Court shall advise the



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Superior Court of California, County of San Mateo

Family Court and the Probate Court of the suspension of its jurisdiction by issuing a notice in a form
agreed upon by those courts.

      (Adopted, effective July 1, 2007)

RULE 5.16.3     JUVENILE COURT MODIFICATION OF RELATED NON-JUVENILE COURT
                ORDERS

Any restraining order, stay away order or no contact order issued by any non-juvenile division of the
Superior Court, other than a criminal court, against a parent or caregiver with respect to a child under the
jurisdiction of the Juvenile Court, may be temporarily modified by the Juvenile Court if the Juvenile
Court finds such contact to be in the best interest of the child. Permanent modification of the order may
occur after all parties have been noticed and provided an opportunity to be heard. Notice of any
temporary or permanent modification shall be given by the Juvenile Court to the court originally issuing
the order by providing a copy of the minute order to the originating court. The Juvenile Court’s order
shall specifically state that it is a modification of the other court division’s order.

      (Adopted, effective July 1, 2007)

RULE 5.16.4     JUVENILE COURT EXIT ORDERS

Any exit orders of the Juvenile Court determining custody, visitation or restraining contact over a child
who is a dependent or a ward of the court shall be filed in any existing family law, probate or criminal
proceeding involving the child and his/her parent or caregiver. If no such file exists in the family law
division, then upon the dismissal of dependency or termination of wardship, the Juvenile Court order shall
be the basis to open a file. No filing fee shall be required for opening this file.

      (Adopted, effective July 1, 2007)

RULE 5.16.5     FAMILY COURT MODIFICATION OF JUVENILE COURT ORDERS

Juvenile court orders establishing custody, visitation, or restraining orders may be modified by petition to
the Family Court subsequent to the dismissal of dependency or termination of wardship over a minor.
Proceedings to modify or terminate guardianship established through Juvenile Court shall be heard in the
Juvenile Court, as required by WIC §366.3(b).

       (Adopted, effective July 1, 2007)




Division V - Rules                                     - 528 -                                Revised 1/1/2009
Superior Court of California, County of San Mateo

                                                           APPENDIX “1"
 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number and Address):



 TELEPHONE NO:                                 FAX NO: (OPTIONAL)
 E-MAIL ADDRESS (OPTIONAL)
 ATTORNEY FOR:

 SUPEROR COURT OF CALIFORNIA
 COUNTY OF SAN MATEO COUNTY
 400 COUNTY CENTER
 REDWOOD CITY, CA 94063
 PETITIONER/PLAINTIFF:


 RESPONDENT/DEFENDANT:


                  STATUS CONFERENCE STATEMENT                                           CASE NO:
 Date:                    Time:       Dept.:________



1.       Attorney for Petitioner is:

              Petitioner is self-represented

         Attorney for Respondent is:

              Respondent is self-represented

2.       This case involves the following disputed issues:

              Child Custody/Visitation                          Reimbursement

              Child Support                                     Attorneys Fees

              Spousal Support                                   Other:

              Arrears                                           Additional Issue Information is Attached

              Date of Separation

              Characterization/Valuation/Division of Community Property

3.       Discovery Remaining:

         a.         Have Preliminary Declaration of Disclosure been exchanged?                     Yes            No

                    If no, need deadline?                                                          Yes            No

         b.         Has a preliminary discovery plan been prepared and exchanged?                  Yes            No

         c.         What discovery remains to be done?          Interrogatories    Depositions    Document Production

         d.         State time estimates for the completion of discovery by both sides:

4.       Have the parties and/or counsel met to discuss settlement?                                Yes             No

5.       Trial Readiness:

         a.         Are you requesting the case be set for MSC/trial?             Yes               No
FL – 3 Local Rules 5.8                                 Status Conference Statement                                   p.1 of 2
                                                               Family Law                                           Rev. 1/04
Superior Court of California, County of San Mateo

         b.         This case is expected to take:                                     days /    hours of trial to complete

         The following pretrial motions are        anticipated      pending and shall be heard on or about:




This case will be ready for trial on:

6.       Do you Request:

              ADR (mediation, arbitration, etc.)

              Bifurcate issues of:

              Continue Status Conference until __________________________________(date) for the following reasons:

                 Additional Discovery

                 Joinder of:

                 Discovery Referee (CCP 638)

                 Custody Evaluation (FC 3111)

                 Expert Appointed (EC 730)

                 Psychological Evaluation (EC 730)

                 Counsel Appointed for Minor (FC 3150)

                 Collaborative Law
              Other:


7.       Statement Prepared By:            Petitioner            Respondent
         Submitted                         Jointly or            Individually

              This statement accurately reflects the present status of the case.

              Respectfully submitted,


              Dated:
                                                                          Attorney for                 self-represented
                                                                          Petitioner            Respondent


              Dated:
                                                                 Attorney for                   self-represented
                                                                          Petitioner            Respondent

If no appearance is required you may notify me by telephone at:




FL – 3 Local Rules 5.8                                  Status Conference Statement                                            p.2 of 2
                                                                Family Law                                                    Rev. 1/04
                                               APPENDIX 2

Mandatory Settlement Conference Statement format

I.    Background:The Mandatory Settlement Conference Statement shall include the following:

      A. A brief statement of facts: If the parties are married, include the date of marriage, date of
      separation, whether marital status has been terminated, the age and employment status of each
      party. If the parties have minor children, specify and the name and age of each minor child and
      where they reside.

      B.     History of the Proceedings: Summarize prior court proceedings and any temporary orders or
      stipulations that are in effect;

      C.    Discovery: Provide the date that the Preliminary Declarations of Disclosure were exchanged;
      the date that the Final Declaration of Disclosure was provided or whether there was a stipulation to
      waive; and detail any discovery that remains outstanding.


II.   Issues for Trial:
      The Mandatory Settlement Conference Statement should include a discussion of the issue(s)
      remaining for trial. When applicable, a concise statement for each issue known to be in dispute
      containing all material facts and relevant law should be provided in the order listed below. If not
      applicable, counsel shall so designate or use “N/A.”

      (A) Separate Property: List of each item of separate property, and include the following
      information: i) the date it was acquired; ii)the basis upon which it is claimed as separate rather
      than community property; iii) the current market value; iv) the nature, extent and terms of
      payment of any encumbrance against the property; and, v) the manner in which title thereto is
      presently vested.

      (B) Community Property:         List of each item of community property, and include the
      following information: i) the date it was acquired; ii) the basis upon which it is claimed as
      community property; iii) the current market value; iv) the nature, extent and terms of payment of
      any encumbrance against the property; and, v) the manner in which title thereto is presently vested.

      (C) Funds Held by Others:          To the extent that either separate property or community property
      consists of funds held by others, such as insurance policies, pensions, profit sharing, or other trust
      or retirement funds the statement shall fully identify the policy or fund, and include the following
      information: i) policy, serial or account number; ii) the present values and basis for calculations; iii)
      all terms or conditions imposed upon withdrawal of such funds. If any loans exist against any of
      these funds, the details regarding those loans should be set forth.

      (D) Tracing:          If a segregation of community property and separate property interests in a
      single asset is to be an issue in the case, the statement shall set forth in detail, the dates, values and
      dollar amounts, the transactions relevant to the tracing issues as well as the basis for computation or
      proration.

      (E) Current Obligations:           Separately list all debts and obligations of the spouses that are
      liabilities of the community and, so far as known, debts and obligations that are alleged to be the
      separate liabilities of the respective spouses. Specify: i) the identity of the creditor; ii) the purpose
      for which the debt was incurred; iii) the date on which the debt was incurred; iv) the balance
      currently due; v) terms of payment; and, vi) the security, if any, held by creditor.


Appendix 2 – Mandatory Settlement Conference Statement    Page 1 of 2                       Effective 1/1/2004
      (F) Reimbursement: A summary of each party’s claims for reimbursement or other charges
      (e.g. claims under In re Marriage of Epstein, In re Marriage of Watts, or In re Marriage of Jeffries)
      listing each claimed item by dates, payment amount, and payee.

      (G) Current Income and Expenses:            Specify and set forth current income and expenses by
      completing and filing or attaching a financial declaration in the form prescribed by Rule 1285.50 of
      the California Rules of Court. A previously filed income and expense declaration will not satisfy
      this rule, unless there has been no change from the most recently filed statement, in which case it
      shall be attached. Include any relevant attachments as set forth in Rule 5.11.

      (H) Proposal for Property Division:        Set forth a proposed equal division of community
      property of the parties. In columnar or accounting form, listing the following: i) fair market value
      of each asset; ii) Secured obligation(s)against each asset, if any; iii) Net value of each asset; iv)
      Proposed distribution to husband; v) Proposed distribution to wife; vi) Balance due on each
      unsecured obligation, vii) Proposed distribution of each unsecured obligation; and viii) Proposed
      method of equalizing the division of community property.

      (I) Conditions about Custody, Visitation and Support: Specify each party’s contention as to
      child custody and visitation and as to the amount and duration of child and spousal support.

      (J) Attorney’s Fees:       If there is a request for attorney’s fees, include: i) the compensation
      agreement with the client; ii) a summary of all fees and costs incurred to date, including the
      number of hours spent by the attorney, paralegal, and other personnel; iii) the amount already
      paid; iv) the source of funds for payments; v) counsel’s estimate of additional fees and costs to be
      incurred through trial; and vi) the amount sought to be paid by the adverse party.




Appendix 2 – Mandatory Settlement Conference Statement   Page 2 of 2                    Effective 1/1/2004
                                       APPENDIX 3
                   INFORMATION SHEET-MEDIATION AND EVALUATION SERVICE

SUPERIOR COURT OF CALIFORNIA, COUNTY                                 FOR COURT USE ONLY

OF SAN MATEO
400 Government Center
Redwood City, CA 94063
In re the Marriage of
PETITIONER(S)
RESPONDENT(S)

       INFORMATION SHEET                                       CASE NUMBER

     MEDIATION AND EVALUATION SERVICE
        FAILURE TO COMPLETE THIS FORM WILL DELAY YOUR APPOINTMENT
          BRING COMPLETED FORM WITH YOU TO FAMILY COURT SERVICES
Your name:
________________________________________________________________________________
Other names you have
used:________________________________________________________________
birth date: __________birth place: _______________________________ age:________________
Home address:
_____________________________________________________________________________
Telephone # home: _______________________ Work or message:_________________________
Mailing address:
___________________________________________________________________________
Driver’s license #:
 ___________________________________________________________________
Social security number:         -       -
Your attorney: __________________________________       Telephone:
_____________________________
                                                              Fax:
_____________________________
Address:
____________________________________________________________________________________
CHILDREN INVOLVED IN THIS MATTER:
1. Name: _______________________________________ DOB: ___________ age: ____________
2. Name: _______________________________________ DOB: ___________ age: ____________
3. Name: _______________________________________ DOB: ___________ age: ____________
4. Name: _______________________________________ DOB: ___________ age: ____________
ALL OTHERS RESIDING IN YOUR CURRENT RESIDENCE:
Their relationship to you (including any additional children)
__________________________________________________________________________________________
_______
Your employment information:
Employer: _______________________________________ date employed: __________________
Address: _________________________________________ days/hours of work: ____________
Job title: _______________________________________________________________________________
Monthly income before taxes: _______________________________________________________
STATUS OF THE RELATIONSHIP:
Date began living together: __________________________________________________________
Date of last separation: ______________________________________________________________
Date of marriage: ______________________________________________________________________
If divorced...date divorce was final: _________________________________________________
OTHER MARRIAGES:
                                            Page 1 of 2                Effective 1/1/2000
1. Name: _____________________________________________        date: ______________________
2. Name: _____________________________________________        date: ______________________
Children from those marriages: ____________________________________________________
RESIDENCE:
How long in your present residence? _______________           rent/buy? _________________
Number of persons in home: ________________ number of bedrooms: ________________
Are you moving? _____________________________________________________________________
HEALTH:
Are you presently receiving any medical treatment? Yes ________ no ________
If yes, briefly describe: ______________________________________________________________
DOMESTIC VIOLENCE:
Where there is a history of domestic violence or a domestic violence restraining order, the
protected person may request separate mediation under family code 3181 and/or bring a
support person under family code 6303.
___________ I request separate mediation under code section 3181
___________ I wish to bring a support person under code section 6303
If there is a history of violence against you or the children please describe: how long ago,
were police called, were weapons involved, charges filed, restraining ORDERS ISSUED?
________________________
__________________________________________________________________________________________
________
CURRENT SITUATION:
Are there any problems of drug or alcohol abuse? ________________________________
Are there any other problems of child sexual abuse or neglect? _________________
What custody/visitation problems currently exist?
__________________________________________________________________________________________
Please list some reasonable solutions to those problems:
__________________________________________________________________________________________




I certify that all information provided to Family Court Services is true and correct. I
understand that falsification or omission of any information may affect the disposition of my
case.


Signed: ____________________________________            Date: _______________________




                                               Page 2 of 2                Effective 1/1/2000
                                          APPENDIX 4
                             MANDATORY SHORT CAUSE TRIAL STATEMENT

 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number and address).   TELEPHONE AND FAX           FOR COURT USE ONLY
                                                                            NOS.

 ATTORNEY FOR (Name):
 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
 400 Government Center
 Redwood City, CA 94063
 In re the Marriage of
 PETITIONER(S)
 RESPONDENT(S)
         HUSBAND’S WIFE’S MANDATORY                                                             CASE NUMBER
        SHORT CAUSE      TRIAL STATEMENT
 I.       MEET AND CONFER STATEMENT:                                        DATE:
         A.    Date of Conference:                                          TIME:
         B.    In Person/By Phone:                                          DEPT:
         C.    Issues Settled Are: (Be Specific)
               1.
               2.
               3.
         D.    Issues to be Litigated Are: (Be Specific)
               1.
               2.
               3.
         E.    If Counsel Failed to Meet and Confer, Explain reasons in detail.
II.      STATISTICAL DATA:
         A.    Date of Marriage:
         B.    Date of Separation
         C.    Length of Marriage:
         D.    Marital Status Terminated?            If so, date:
         E.    Husband’s Age (          ) and Employment:
         F.    Husband’s Gross Monthly Income: ______________ Net: _______________
         G.    Husband’s Paydays: _________________________________________________
         H.    Cohabitee or New Spouse’s Monthly Income:_____________ Net:_________
         I.    Wife’s Age (          ) and Employment:
         J.    Wife’s Gross Monthly Income: ________________ Net: ___________________
         K.    Wife’s Paydays: _______________________________________________________
         L.    Minor Children:
         Name                     Date of Birth      Age Sex          Residing with
         _______________________ _____________       ____ ____ _____ _______________
         _______________________ _____________       ____ ____ _____ _______________
         __________________________________________ ____ ____ _____ _______________
III.     HISTORY OF PROCEEDINGS: (Briefly Summarize all prior court proceedings)




                                                                                                Effective 1/1/2000
IV.    HUSBAND’S/WIFE’S PROPOSALS RE ISSUES: (In same order as issues are
listed in Part I-D above)
       1.    Issue: (e.g., Spousal Support):
       2.    Issue: (e.g., Child Support):
       3.    Issue: (e.g., Attorney’s Fees):
V.     ATTACHMENTS AND EXHIBITS:
       a.    Where issues include the division of assets and debts, counsel shall
             attach relevant schedules of the proposed division (See Attachment 1)


SIGNED: ___________________________________    DATED:______________________
          Attorney for:




                                                                Effective 1/1/2000
                                           APPENDIX 5
                                LONG CAUSE TRIAL RULES CHECKLIST
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number and address).    TELEPHONE AND FAX            FOR COURT USE ONLY
                                                                            NOS.


ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
400 Government Center
Redwood City, CA 94063
In re the Marriage of
PETITIONER(S)

RESPONDENT(S)

         LONG CAUSE TRIAL RULES CHECKLIST                            CASE NUMBER

A.      SEVEN COURT DAYS OR MORE BEFORE TRIAL
             1.   Personally meet and confer with opposing counsel.
             2.   Exchange trial briefs
             3.   Where support or fees are at issue, exchange Income & Expense
                  Declarations with required attachments.
             4.   Exchange list of exhibits and copies of exhibits.
             5.   Exchange list designating non-party witnesses (including name,
                  address and telephone number) and the subject matter each will testify
                  to.

B.      FOUR COURT DAYS BEFORE TRIAL
             1.  Confer with opposing counsel telephonically to discuss objections to the
                 exhibits and in limine motions.
             2.  If objections to exhibits unresolved, or motion in limine to be filed,
                 schedule appointment for pre-trial conference.
             3.  File with the court and serve in limine motions
             4.  Arrange with clerk to pre-mark exhibits and file original exhibits.
             5.  File trial brief, Income & Expense Declaration and court’s copy of the
                 exhibits in trial department.

C.      THREE COURT DAYS BEFORE TRIAL
            1.   File with clerk of trial department and opposing counsel a written list of
                 objections to the exhibits.

D.      TWO COURT DAYS BEFORE TRIAL
             1.  If there are unresolved objections to exhibits or if motions in limine
                 were filed, confer personally with the court through the clerk.

E.      DAY OF TRIAL
             1.   All objections to exhibits and motions in limine will be heard and a
                  ruling will be issued.
             2.   Each counsel must pay the mandated statutory court reporter fee for
                  each half day of trial.
             3.   At the conclusion of each day of trial, the court and counsel shall
                  review the next days’ witnesses, examination time and other
                  calendaring issues.



                                                                   Page 1 of 5                  Effective 1/1/2000
                                           APPENDIX 5 - ATTACHMENT A

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number and address).    TELEPHONE AND FAX            FOR COURT USE ONLY
                                                                            NOS.


ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
400 Government Center
Redwood City, CA 94063
In re the Marriage of
PETITIONER(S)

RESPONDENT(S)

          LIST OF PROPOSED EXHIBITS                                                             CASE NUMBER


Petitioner/Respondent submits the following proposed exhibits:
        1.
        2.
        3.
        4.
        5.
        6.
        7.
        8.
        9.
        10.
        11.
        12.
        13.
        14.
        15.
        16.
        17.
        18.
        19.
        20.



        _______________________________________                                     Dated: _____________________
                  Attorney for:




                                                                   Page 2 of 5                  Effective 1/1/2000
                                           APPENDIX 5 - ATTACHMENT B
                                                   LIST OF WITNESSES
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number and address).    TELEPHONE AND FAX            FOR COURT USE ONLY
                                                                            NOS.



ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
400 Government Center
Redwood City, CA 94063
In re the Marriage of
PETITIONER(S)


RESPONDENT(S)


          LIST OF WITNESSES                                                                     CASE NUMBER



 Petitioner             Respondent intends to call the following witnesses at the time of trial to
testify on the subjects stated:


        Name                                    Address and Telephone Number                               Subjects


1. ________________________                     ________________________________                  __________________
2. ________________________                     ________________________________                  __________________
3. ________________________                     ________________________________                  __________________
4. ________________________                     ________________________________                  __________________
5. ________________________                     ________________________________                  __________________
6. ________________________                     ________________________________                  __________________
7. ________________________                     ________________________________                  __________________
8. ________________________                     ________________________________                  __________________




_______________________________________                                     Dated: __________________________
        Attorney for:




                                                                   Page 3 of 5                  Effective 1/1/2000
                                           APPENDIX 5 - ATTACHMENT C
                                         NOTICE OF MOTIONS IN LIMINE

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number and address).    TELEPHONE AND FAX            FOR COURT USE ONLY
                                                                            NOS.



ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
400 Government Center
Redwood City, CA 94063
In re the Marriage of
PETITIONER(S)

RESPONDENT(S)


          NOTICE OF MOTIONS IN LIMINE                                                           CASE NUMBER



 Petitioner          Respondent requests the Court to enter the following in limine orders for the
reasons stated:


1.      ___________________________________________________________________________________
2.      ___________________________________________________________________________________
3.      ___________________________________________________________________________________
4.      ___________________________________________________________________________________
5.      ___________________________________________________________________________________


This motion is based upon the records, files and pleadings in this action, the memorandum
of points and authorities submitted with this notice of motion, and any and all other
matters which may be timely presented before the time of the hearing on this motion.


Dated: ___________________________



        ____________________________________________
                  Attorney for:




                                                                   Page 4 of 5                  Effective 1/1/2000
                                           APPENDIX 5 - ATTACHMENT D
                    OBJECTIONS TO EXHIBITS OF PETITIONER/RESPONDENT

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number and address).    TELEPHONE AND FAX            FOR COURT USE ONLY
                                                                            NOS.



ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
400 Government Center
Redwood City, CA 94063
In re the Marriage of
PETITIONER(S)

RESPONDENT(S)


          OBJECTIONS TO EXHIBITS OF                                                             CASE NUMBER

              PETITIONER/RESPONDENT


 Petitioner          Respondent objects to the following exhibits for the reasons stated:


                  EXHIBIT                                                            OBJECTION


1. ___________________________                             ___________________________________________________


2. ___________________________                             ___________________________________________________


3. ___________________________                             ___________________________________________________


4.____________________________                             ___________________________________________________


5. ___________________________                             ___________________________________________________



Dated: _________________________


                                                           __________________________________________
                                                                     Attorney for:




                                                                   Page 5 of 5                  Effective 1/1/2000
                                                  APPENDIX 6
                                             NOTICE OF ADR OPTIONS
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address)       TELEPHONE NO.:              FOR COURT USE ONLY




ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO

STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:


PLAINTIFF/PETITIONER:                                                                   CASE NUMBER:

DEFENDANT/RESPONDENT:



The San Mateo County Superior Court recommends ADR options
“Alternative” or “Appropriate Dispute Resolution” (ADR) is a general term for methods of resolving a
dispute without going through the formal court process. ADR can save you time, money, and increase
your overall satisfaction with the outcome of your case.

ADR can be used at any point in your case to resolve disputes regarding property division, child
support, spousal support, paternity, child custody, parenting plans, and many other family law issues.

Did you know that the vast majority of cases filed in court (95-98%) do not go to trial? Most cases are
settled or decided in some other way. But in many cases, the settlement comes only after considerable
resources have been expended. This is why the San Mateo County Superior Court supports the use of
dispute resolution alternatives at the earliest possible time. Local Rule 5.5(A) states:


         California Rules of Court and the Family Law Act strongly encourage alternative dispute
         resolution (ADR) of family matters. The Family Law Department recognizes that formal
         litigation of legal claims and disputes is expensive and time consuming. The goals of this Court
         are: to reduce hostilities between the parties; facilitate the early resolution of issues; and provide
         parties with an opportunity to maximize their satisfaction with the resolution of their case. It is
         therefore the policy of this Court to promote and encourage the parties to settle their disputes by
         the use of appropriate dispute resolution options which include mediation, arbitration,
         collaborative law, court supervised settlement conferences and/or judicial case management.



The court strongly encourages the use of ADR but does not favor any particular form of ADR, endorse
any particular attorney, nor guarantee the outcome in any particular case.




FL – 2 11/03         Local Rule 5.5                     NOTICE OF ADR OPTIONS                        Page 1 of 3
                                                         (Family Law)
PLAINTIFF/PETITIONER:                                                  CASE NUMBER:

DEFENDANT/RESPONDENT:



DESCRIPTION OF SERVICES AND COST:

The Court manages a panel of attorneys with special training in mediation and arbitration and a
commitment to finding alternatives to formal litigation. The attorneys who serve on the ADR panel
have agreed to offer participants a 90-minute session for $100 ($50 per party). Additional sessions are
available at the attorney’s market rate. For more information call the ADR office at: (650)599-1238,
or visit the website at: www.sanmateocourt.org/adr/familylaw


• Mediation
        Mediation through the ADR program is voluntary. A neutral attorney called a “mediator” meets with
        parties and/or their attorneys to assist them in reaching an agreement. The mediator facilitates
        communication between the participants, clarifies issues, explores each party’s needs and interests, and
        helps the participants to consider options for settlement.

        The parties may resolve a single issue or the entire case. The agreements reached in mediation are not
        limited by the results available under the law so mediated solutions can more easily accommodate the
        circumstances of individual cases. An agreement reached in mediation is binding once it is turned into a
        court order and signed by the Judge. You cannot be forced to accept a decision in mediation and
        participating in mediation does not impact your right to a court hearing. If an agreement is not reached
        you may continue through the court system.

        Mediation is private and confidential. The sessions are conducted in the mediator’s office. Anything
        spoken or written during mediation by any of the participants is confidential and may not be disclosed to
        the Court or any other person without the consent of the participants.

• Arbitration
        Arbitration is private and less formal than a court trial. In arbitration a neutral attorney called the
        “arbitrator” makes a decision based on the information presented by both sides. The arbitrator then
        prepares a written decision and sends it to both parties and the Court. You decide ahead of time whether
        the arbitrator’s decision will be “binding” or “non-binding”. Binding means there is no right to trial and
        you will accept the arbitrator’s decision as final. Non binding means you can accept or reject the
        decision.

• Collaborative Law
        In the collaborative law process, you and the other party each have a private attorney and make a
        commitment to resolve your disputes without going to court. Similar to mediation, collaborative law
        operates in the spirit of honesty and cooperation but unlike mediation, there is no neutral third party who
        facilitates the process. Instead, the four of you have a series of private meetings to create solutions that
        meet the unique needs of your family. The Peninsula Collaborative Family Law Group is a private
        organization of local attorneys, specially trained in Collaborative Law, who are available to serve you.
        For more information, fees, or for a list of their attorneys, please see their web site at:
        www.collaborative-law.com or call (650)590-2288. Collaborative law attorneys have agreed to conduct
        some cases at a reduced fee. Please contact the ADR coordinator at (650)599-1238 for more
        information.

FL – 2 11/03    Local Rule 5.5                   NOTICE OF ADR OPTIONS                            Page 2 of 3
                                                  (Family Law)
PLAINTIFF/PETITIONER:                                                          CASE NUMBER:

DEFENDANT/RESPONDENT:



FAMILY COURT SERVICES MEDIATION:

The Court encourages the use of the ADR options described above to resolve custody and parenting
plan disputes. However, if you do not reach an agreement on these issues, California law requires you
to meet with Family Court Services (FCS) before submitting these issues to a Judge. FCS will first
attempt to settle the issues through mediation, however, if no agreement is reached then the FCS
counselor will prepare a written recommendation to the Court based upon the best interests of the
child(ren). FCS mediation is not confidential and does not address your property or financial disputes.
There is no fee for mediation with FCS.


DOMESTIC VIOLENCE AND ADR:

ADR is most effective when parties are able to communicate and solve problems without fear or
intimidation. For this reason when there is a history of domestic violence in a relationship, ADR may
not be appropriate.



The undersigned certifies that s/he has read this Notice in compliance with San Mateo County Local
Rule 5.5.

Date:                                                    Date:

_______________________________________          ______________________________________
Signature of Petitioner                                 Signature or Respondent


Attorney certification of compliance with San Mateo County Local Rule 5.5:

Date:                                                    Date:

________________________________________         ______________________________________
Signature of Attorney for Petitioner             Signature of Attorney for Respondent




FL – 2 11/03    Local Rule 5.5                  NOTICE OF ADR OPTIONS                     Page 3 of 3
                                                 (Family Law)
Superior Court of California, County of San Mateo

                                                                     DIVISION VI

                                  OTHER SPECIAL DEPARTMENTS AND CALENDARS


                                                  CHAPTER 1. DEFAULT CALENDAR

       Rule 6.1   Hearing in Uncontested Matters .............................................................................. 600
       Rule 6.1.1 Attorneys Fees in Actions on Promissory
                  Notes and Contracts Providing for Payment
                  Of Attorney Fees ..................................................................................................... 600
                        Court Schedule of Attorney Fees .................................................................. 601

                                               CHAPTER 2. JUVENILE DEPARTMENT

       Rule 6.2        Hearings .................................................................................................................. 602
       Rule 6.3        Attorneys for Parties in Dependency Proceedings .................................................. 602
       Rule 6.4        Absence of Juvenile Court Judge ............................................................................ 603

                                                       CHAPTER 3. LPS CALENDAR

       Rule 6.5        LPS Calendar Department ....................................................................................... 604

                                              CHAPTER 4. NORTHERN DEPARTMENT

       Rule 6.6        Sessions ................................................................................................................... 604
       Rule 6.7        Matters that May be Heard ...................................................................................... 604
       Rule 6.8        Northern District ..................................................................................................... 604
       Rule 6.9        Basis for Establishing Northern District Venue ...................................................... 604
       Rule 6.10       Procedure for Obtaining Northern District Venue .................................................. 605
       Rule 6.11       Transfer from Northern Department . .................................................................... 605
       Rule 6.12       Filing of Papers and Keeping Records of Northern
                       Department .............................................................................................................. 606




Division VI – Table of Contents                                              i                                                               Revised 1/1/1999
Superior Court of California, County of San Mateo


                                           DIVISION VI
                            OTHER SPECIAL DEPARTMENTS AND CALENDARS


                                        CHAPTER 1. DEFAULT CALENDAR


Rule 6.1 Hearing in Uncontested Matters

Defaults, minors' settlements, adoptions and other uncontested matters requiring hearing shall be assigned by the
presiding judge to a department for hearing at 9:00 a.m. on any court day.

An application for a hearing in an uncontested matter must be made in writing and must be filed with the Clerk of
the Court not less than five court days before the hearing. No matter will be set on the uncontested calendar until
all required pleadings and other documents have been filed.

(Adopted, effective July 1, 1996)

Rule 6.1.1Attorney’s Fees in Actions on Promissory Notes and Contracts Providing for Payment of Attorney’s
                Fees

The following attorney’s fees shall, under normal circumstances, be awarded in actions on promissory notes and
contracts providing for the payment of attorney’s fees.

   (a)Default action on note or contract:

       [See Court Schedule of Attorney Fees on the following page ]

         (b)Where prevailing party is entitled to the recovery of a reasonable attorney’s fee in an otherwise
         appropriate clerk’s judgment, the clerk shall include an attorney fee computed pursuant to the schedule
         referred to in subdivision (a) above.

(Adopted, effective July 1, 1996)




Division VI – Rules                                  - 600 -                                       Revised 1/1/2007
Superior Court of California, County of San Mateo




                                   COURT SCHEDULE OF ATTORNEY FEES


    $        0   to    $ 5,000 $ 300 or 20% whichever is higher
         5,001   to      5,250      1,035 11,251 to         11,500 1,550        17,251 to 17,500        1,670
         5,251   to      5,500      1,070 11,501 to         11,750 1,555        17,501 to 17,750        1,675
         5,501   to      5,750      1,105 11,751 to         12,000 1,560        17,751 to 18,000        1,680
         5,751   to      6,000      1,140 12,001 to         12,250 1,565        18,001 to 18,250        1,685
         6,001   to      6,250      1,170 12,251 to         12,500 1,570        18,251 to 18,500        1,690
         6,251   to      6,500      1,200 12,501 to         12,750 1,575        18,501 to 18,750        1,695
         6,501   to      6,750      1,230 12,751 to         13,000 1,580        18,751 to 19,000        1,700
         6,751   to      7,000      1,280 13,001 to         13,250 1,585        19,001 to 19,250        1,705
         7,001   to      7,250      1,285 13,251 to         13,500 1,590        19,251 to 19,500        1,710
         7,251   to      7,500      1,310 13,501 to         13,750 1,595        19,501 to 19,750        1,715
         7,501   to      7,750      1,335 13,751 to         14,000 1,600        19,751 to 20,000        1,720
         7,751   to      8,000      1,380 14,001 to         14,250 1,605        20,001 to 20,250        1,725
         8,001   to      8,250      1,380 14,251 to         14,500 1,610        20,251 to 20,500        1,730
         8,251   to      8,500      1,400 14,501 to         14,750 1,615        20,501 to 20,750        1,735
         8,501   to      8,750      1,420 14,751 to         15,000 1,620        20,751 to 21,000        1,740
         8,751   to      9,000      1,440 15,001 to         15,250 1,625        21,001 to 21,250        1,745
         9,001   to      9,250      1,455 15,251 to         15,500 1,630        21,251 to 21,500        1,750
         9,251   to      9,500      1,470 15,501 to         15,750 1,635        21,501 to 21,750        1,755
         9,501   to      9,750      1,485 15,751 to         16,000 1,640        21,751 to 22,000        1,760
         9,751   to     10,000      1,500 16,001 to         16,250 1,645        22,001 to 22,250        1,765
        10,001   to     10,250      1,510 16,251 to         16,500 1,650        22,251 to 22,500        1,770
        10,251   to     10,500      1,520 16,501 to         16,750 1,655        22,501 to 22,750        1,775
        10,501   to     10,750      1,530 16,751 to         17,000 1,660        22,751 to 23,000        1,780
        10,751   to     11,000      1,540 17,001 to         17,250 1,665
        11,001   to     11,250      1,545 Over $23,000 - $1,780 plus 1 ½ % of the amount over $23,000




Division VI – Rules                                 - 601 -                                    Revised 1/1/2007
Superior Court of California, County of San Mateo


                                      CHAPTER 2. JUVENILE DEPARTMENT

Rule 6.2 Hearings

Unless otherwise ordered, the proceedings of the Juvenile Department shall be held in the San Mateo County
Juvenile Court at 222 Paul Scannell Drive , San Mateo, at such times as the Juvenile Court judge shall direct.

(Adopted, effective July 1, 1996)

Rule 6.3    Attorneys for Parties in Dependency Proceedings

         (a)       [Timelines] Attorneys for parties are expected to adhere to the statutory timelines for all
         hearings. Time waivers will be accepted and continuances granted only on a showing of exceptional
         circumstances.

         (b)        [Experience, training, education; standards of representation] Every party in a dependency
         proceeding who is represented by an attorney shall be entitled to competent counsel, as defined in
         California Rule of Court 1438(b). The San Mateo County Private Defender Program shall be responsible
         for the establishment of procedures for qualification of attorneys for inclusion on the panel designated to
         represent parties. Minimum standards of experience, training and education shall conform to CRC 5.660
         and shall be included in the qualification requirements. Standards of representation shall conform at a
         minimum to those set forth in CRC 5.660. A copy of the procedures and standards established by the
         Private Defender Program shall be lodged with the court and made available to juvenile court judicial
         officers.

         (c)       [Appointment] The court shall appoint the Private Defender Program to represent the parties as
         requested, and the Private Defender Program Managing Attorney shall designate the particular attorneys.

           (1)    In exceptional circumstances the court may request that a particular attorney be appointed to
                  represent a party.

           (2)    The social worker shall notify the Private Defender Program juvenile office of the need for
                  appointed counsel no later than 9:00 a.m. of the court day preceding the first hearing of the case.

           (3)    The court may appoint the Private Defender Program at any time, and shall promptly notify the
                  Private Defender Program juvenile office in writing.

         (d)       [Client complaints] Complaints or questions by a party regarding attorney representation shall
         be addressed as follows:

           (1)    Complaints or questions shall initially be referred for review by the Managing Attorney of the
                  Private Defender Program who shall take appropriate action if required.

           (2)    If the issue remains unresolved, the party may submit the complaint or question to the court in
                  writing. The court shall conduct its own review of the complaint or question and take appropriate
                  action if required.

         (e)      [Attorney for the child (W & IC 317)] Counsel for the child in a dependency proceeding is
         charged with representation of the child’s interests, including causes of action and other interests to be
         advanced or protected by administrative or judicial proceedings within or outside of the juvenile court
         system.


Division VI – Rules                                    - 602 -                                       Revised 1/1/2007
Superior Court of California, County of San Mateo

          (1)     Absent exceptional circumstances, the attorney for the child shall have personal contact with the
                  child regardless of the age of the child, and shall interview any child four years or older so the
                  attorney can better represent to the court how the child’s wishes and interests may best be
                  addressed.

          (2)     The attorney for the child shall investigate any interests of the child beyond the scope of the
                  dependency proceeding and shall immediately advise the juvenile court of information regarding
                  any interest or right of the child to be protected or pursued in other judicial or administrative
                  forums.

                 (A)Judicial Council forms Juvenile dependency Petition (JV-100) and Modification Petition
                          Attachment (JV-180) shall be utilized to inform the court and request direction from the
                          court.

                 (B)Upon receipt of the request by counsel for instructions from the court, the court shall do one or
                         all of the following:

                        (i)Refer the matter to the appropriate agency for further investigation and require a report to
                                   the court and counsel within a reasonable time;

                       (ii)Authorize and direct the child’s attorney to initiate and pursue appropriate action;

                      (iii)Appoint a guardian ad litem for the child if one is required to initiate appropriate action; or

                      (iv)Take any other action to protect the interests and rights of the child.

          (3)     If the court receives information from a person other than the attorney for the child regarding an
                  interest or right of the child, the court shall appoint an attorney for the child if the child is
                  unrepresented, inform that attorney or the attorney of record for the child, of the information, and
                  request the attorney to investigate the matter. After investigation, the attorney shall proceed
                  according to subsection (e)(2).

(Adopted, effective July 1, 1996) (Amended, effective January 1, 2007)

Rule 6.4 Absence of Juvenile Court Judge

In the absence of the Juvenile Court judge, all judges of the court are designated as Juvenile Court judges.

(Adopted, effective July 1, 1996)




Division VI – Rules                                      - 603 -                                         Revised 1/1/2007
Superior Court of California, County of San Mateo


                                            CHAPTER 3. LPS CALENDAR

Rule 6.5 LPS Calendar Department
Court proceedings involving the detention, treatment and evaluation of the mentally disordered, developmentally
disabled, inebriates, drug abusers, imminently dangerous and suicidal persons shall be held at such time and places
as the judge of such department shall prescribe.

(Adopted, effective July 1, 1996)


                                     CHAPTER 4. NORTHERN DEPARTMENT

Rule 6.6 Sessions

A session of this court, referred to in these rules as the "Northern Department," shall be held each court day, at
such times as directed by the judge of that department, in the San Mateo County Northern District Court Building
at 1050 Mission Road, South San Francisco, or at such other place or places in South San Francisco as the
presiding judge shall order from time to time. The presiding judge shall establish by order a schedule for the
Northern Department specifying the days and times that each type of proceeding will be conducted.

(Adopted, effective July 1, 1996)


Rule 6.7 Matters that May be Heard

In any action or proceeding assigned to the Northern Department pursuant to these rules, all proceedings shall be
conducted in the Northern Department, unless otherwise ordered. Other proceedings may be assigned to the
Northern Department by the presiding judge.

(Adopted, effective July 1, 1996)


Rule 6.8 Northern District

The Northern District includes all areas of San Mateo County from the northern boundary south to and including
Burlingame.

(Adopted, effective July 1, 1996)


Rule 6.9 Basis for Establishing Northern District Venue

Northern District venue is proper in the following cases:

         (a) All proceedings under the Probate Code where the deceased at the time of death or the missing person
         at the time of disappearance was, or where the incompetent, proposed conservatee or minor is, a resident of
         the Northern District, and all proceedings where the petitioner for appointment as executor, administrator,
         conservator or guardian at the time of filing the petition is a resident of the Northern District.


         (b) Actions for domestic violence, harassment, and temporary orders only under the Family Law Act
         where the petitioner resides in the Northern District.

Division VI – Rules                                   - 604 -                                       Revised 1/1/2007
Superior Court of California, County of San Mateo


         (c) Any action or proceeding where, in the discretion of the presiding judge, convenience of the witnesses,
         the efficient administration of the court or the ends of justice would be promoted by assignment to the
         Northern Department.

(Adopted, effective July 1, 1996)



Rule 6.10 Procedure for Obtaining Northern District Venue

A party to an action may obtain Northern District venue by one of the following procedures:

         (a)The party initiating the action may file concurrently with the initial pleading a completed Northern
         District Declaration on the form available from the clerk of the court. Upon the filing of such a
         Declaration stating facts showing Northern District venue to be proper under these rules, the clerk shall
         assign such action to the Northern Department for all purposes permitted under these rules. If at any time
         it appears that assignment to the Northern Department was not proper, the presiding judge or the judge of
         the Northern Department may order such action or proceeding transferred to the county seat.

         (b)After an action is filed, any party may make a noticed motion before the presiding judge or the judge of
         the Northern Department for transfer to the Northern Department. In any default or otherwise uncontested
         action or proceeding, such order of transfer may be made ex parte. Except in default or uncontested
         actions or proceedings, within five days after the order for transfer is made, the moving party shall file and
         serve on all other parties a notice of the transfer.

(Adopted, effective July 1, 1996)


Rule 6.11 Transfer from Northern Department

The presiding judge or the judge of the Northern Department, with the approval of the presiding judge, may
transfer actions or proceedings pending in the Northern Department to the county seat in any of the following
circumstances:

         (a)When the parties stipulate to such transfer.

         (b)When the convenience of witnesses, the efficient administration of the court or the ends of justice
         would be promoted by the change.

         (c)When it appears that the action was improperly assigned to the Northern Department.

(Adopted, effective July 1, 1996)




Division VI – Rules                                        - 605 -                                    Revised 1/1/2007
Superior Court of California, County of San Mateo


Rule 6.12 Filing of Papers and Keeping Records of Northern Department

         (a)Original Files and Documents, Where Kept. All papers filed in the Northern Department shall be
         transmitted by the clerk to the office in the county seat for indexing, entry in the register of actions,
         recording or other processing and placement in the file of the proceedings. No duplicate documents or
         records, not otherwise provided by law or order of court, shall be required to be kept in either office of the
         clerk.

         (b)Use of Original Papers at Northern Department. All files, original pleadings, petitions and other papers
         on file in the office of the clerk at the county seat may be transmitted by the clerk to the office at the
         Northern Department whenever its presence there is necessary in connection with the business of the
         Northern Department; but in any such case, the original file or other papers shall not be kept in the
         Northern Department longer than is reasonably necessary for the purpose for which it was taken there, and
         upon the expiration of such time shall be returned to the office of the clerk in the county seat.

         (c)Exhibits. Any exhibit admitted in evidence in the Northern Department, or there offered in evidence
         and left in the custody of the clerk, shall be taken by the clerk to and kept in the office in the county seat
         for safekeeping, except during the trial or when such exhibit is wanted by the court for inspection in the
         Northern Department.

         (d)Minutes. The minutes of the proceedings of the Northern Department shall be entered in minute books
         kept by the clerk in the office in the county seat.

         (e)Judgments. All judgments rendered by the court in the Northern Department shall be entered by the
         clerk in the judgment books kept in the office in the county seat, and no other entry thereof shall be
         required of the clerk.

         (f)Writs of Execution. Writs of execution or other process customarily executed by the clerk for the
         enforcement of judgments shall be issued only at the county seat.

(Adopted, effective July 1, 1996)




Division VI – Rules                                     - 606 -                                       Revised 1/1/2007
Superior Court of California, County of San Mateo

                                                     DIVISION VII
                                        PRETRIAL PROCEEDINGS IN CLASS ACTIONS


Rule 7.1      Introduction.................................................................................................. .......................700
Rule 7.2      Issues Subject to Pretrial Determination...................................................... .......................700
Rule 7.3      Caption of Pleadings.................................................................................. .......................701
Rule 7.4      Pretrial Proceedings.............................................................................................................701
Rule 7.5      Notice to Public Entity or Official............................................................... .......................702
Rule 7.6      Class Action Order..................................................................................... .......................702
Rule 7.7      Early or Separate Trial................................................................................. .......................702
Rule 7.8      Certificate of Readiness............................................................................. .......................702
Rule 7.9      Settlement of Class Claims.......................................................................... .......................703
Rule 7.10     Retention of Jurisdiction............................................................................ .......................703
Rule 7.11     Dismissals............................................................................................................................703




Division VII – Table of Contents                                                i                                                               Revised 1/1/1999
Superior Court of California, County of San Mateo

                                              DIVISION VII
                                 PRETRIAL PROCEEDINGS IN CLASS ACTIONS


Rule 7.1 Introduction

         This division sets out the pretrial procedures to be used by this court in class action suits brought under
Code of Civil Procedure Section 382 or Civil Code Sections 1750, et seq., to determine class issues and for
terminating class suits prior to trial. The rule sets forth general procedures and does not purport to codify the law
governing class actions. It is the intent of this court that this rule be applied flexibly and in light of the particular
circumstances of a given case. In appropriate cases1, any named party may move for relief from compliance
with this rule on the ground that the pending case does not involve a class action of the nature contemplated by
this rule.

          (Adopted, effective July 1, 1996)


Rule 7.2 Issues Subject to Pretrial Determination

          (a) (Class Issues) To the extent required by applicable law, the court shall consider the following
          class issues to determine whether a class action properly exists:

                (1)    Constitution of the class (composition, number, location, description, possible subclasses,
                       etc. of the class).

                (2)    Whether common issues of law or fact predominate over individual issues.

                (3)    Superiority of the class action to other available methods for the fair and efficient
                       adjudication of the controversy.

                (4)    Membership of the class representative in the class.

                (5)    Ability of class representative to fairly and adequately protect the interests of the class.

                (6)    Necessity for and contents of notice.

      (b)    (Additional Issues) When appropriate, the court may also consider additional pertinent issues,
      including consolidation, severance, coordination, bifurcation, communication with the class, intervention,
      joinder, and precedence of discovery.

      (Adopted, effective July 1, 1996)



_________________
      1
      For example, a taxpayer action under C.C.P. Section 526(a) or an action by an association as the
representative of its members (see, e.g., Professional Fire Fighters v. City of Los Angeles, 60 C. 2d 276, 32 Cal.
Rptr. 830 (1963)); a mandamus action to compel performance of a public duty (see, e.g., Diaz v. Quitoriano, 268
C.A. 2d 807, 74 Cal. Rptr. 358 (1969)); actions analogous to those defined by Rule 23(b)(1) and (b)(2) of the
Federal Rules of Civil Procedure.

Rule 7.3 Caption of Pleadings

Division VII – Rules                                      - 700 -                                 Revised 1/1/1999
Superior Court of California, County of San Mateo

     All complaints for or against a class party shall include in the caption the designation "CLASS ACTION".
This designation shall be typewritten in capital letters on the first page of the complaint immediately below the
Clerk of the Court's file number but above the general description of the nature of the complaint.

      (Adopted, effective July 1, 1996)


Rule 7.4 Pretrial Proceedings

      Two types of pretrial proceedings may be scheduled to resolve issues involved in class actions.

      (a)     (Informal Conferences) One or more conferences, informal in nature, may, in the discretion of the
      court, be held upon written notice of any named party or the court. The conferences will be held in
      chambers to discuss class issues involved, establishment of precedence of discovery, scheduling of hearings
      and other matters. At these conferences no evidence may be presented, but the court will expect all
      attorneys to have sufficient knowledge of the class issues to discuss proposed stipulations resolving any
      class issues.

              (1)(Timing) The conference may be held any time after all the defendants have made an appearance
              in the case, following written notice at least fifteen days before the date of the conference.

              (2)(Order) At the conclusion of the conference, the court shall make an order embracing any
              stipulations of the parties and establishing a schedule for discovery, the date for subsequent informal
              conferences, if any, and the initial pretrial hearing on class issues. The order will be binding on all
              parties until modified or terminated. Nothing contained herein shall preclude a party from stating on
              the record any objection to the court's conference order.

      (b)    (Pretrial hearings on class issues) One or more pretrial hearings will be held to resolve class issues.
      Presentation of evidence at the hearing will be through declarations submitted and previously discovered
      evidence. Oral testimony will not be permitted except on leave of court. The burden of proof on all class
      issues is on the party alleging the existence of the class, and all class issues must be proved by a
      preponderance of the evidence.

              (1)(Initial hearings) An initial pretrial hearing will be held to resolve, at least, class issues (1) - (5)
              listed in Rule 7.2(a) (and, if appropriate, also issue 6). All motions must be accompanied by
              documents on all issues to be presented to the court. The party who has alleged the existence of the
              class must submit declarations on issues 1, 4 and 5.

              (2)(Subsequent hearings) A subsequent hearing may be held to resolve class issues not earlier
              resolved or, upon a sufficient showing of changed factual circumstances having occurred or new
              evidence having been discovered after the earlier hearing, to reconsider class issues. If issue was not
              determined earlier, that issue must be determined at the subsequent hearing.

              (3)   (Filing of documents) All notices of motion for pretrial proceedings to resolve class issues
              must be filed and served at least thirty days before the date of the hearing. All response documents
              must be filed at least fifteen days before the date of the hearing. All documents in reply to the
              response must be filed at least five days before the date of the hearing.

              (4)(Contents of documents) Every notice of motion for pretrial proceedings to resolve class issues
              must be accompanied by appropriate declarations and by a memorandum of points and authorities,
              including a statement separately discussing each class issue to be resolved in terms of the pleadings,
              the evidence before the court, and such other matters as are appropriate to set forth that party's
              position on each issue.

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Superior Court of California, County of San Mateo


      (Adopted, effective July 1, 1996)


Rule 7.5 Notice to Public Entity or Official

     When a public entity, or a public official or public employee in his or her official capacity is an unnamed
member of the class, notice of the pendency of the class action shall be given to that entity, official, or employee,
if known. If the action seeks relief, other than money damages, for adverse environmental effects which affect
the public generally, notice shall be served on the State Attorney General.

      (Adopted, effective July 1, 1996)


Rule 7.6 Class Action Order

      At the conclusion of each hearing, the court will make an order upon the issues presented to it. The order
will be final if it dismisses the maintainability of the action as a class action; if the order does not dismiss the
action as a class action it will be interlocutory in nature and may be rescinded or modified as the changed
circumstances of the action require. An order certifying a class supersedes the pleadings but does not relieve the
party from the burden of proving at trial the matters included within class issues (1) through (5) of Rule 7.2(a).
      (Adopted, effective July 1, 1996)


Rule 7.7 Early or Separate Trial

     Any named party may move for, or the court on its own motion may order, an early trial of appropriate
issues under Code of Civil Procedure Section 597 or Section 598, or a separate trial of any cause of action or
issue under Code of Civil Procedure Section 1048(b). At the conclusion of the trial on bifurcated issues, the
court will make its order establishing the proof (or failure therefor) upon the issues presented. The order will
constitute a final determination of said issues for all trial purposes.

      (Adopted, effective July 1, 1996)


Rule 7.8 Certificate of Readiness

    No certificate of readiness may be filed until all class issues have been resolved and appropriate orders
made.

      (Adopted, effective July 1, 1996)



Rule 7.9 Settlement of Class Claims

     All agreements between the parties which settle the claims of the class and terminate the action must be
approved by the court after a settlement hearing. The notice of any motion for approval of the agreement must
be accompanied by a copy of the proposed notice to the class on the proposed settlement and by the proposed
method of giving notice, which shall be the same as that previously used in the case, unless otherwise determined
by the court. All agreements on fees to be paid to attorneys for the class as part of the settlement should be
included in the settlement. Regardless of the sum agreed upon by the parties, the court will award only that
amount of fees which it determines to be reasonable.

Division VII – Rules                                   - 702 -                                Revised 1/1/1999
Superior Court of California, County of San Mateo


      (Adopted, effective July 1, 1996)


Rule 7.10 Retention of Jurisdiction

    Where the judgment of the court requires the parties to perform future acts beyond mere payment of a
money judgment, the judgment shall provide for the court's retention of jurisdiction while satisfaction of the
judgment is being effected.

      (Adopted, effective July 1, 1996)


Rule 7.11 Dismissals

     Dismissals or partial dismissals in class actions are subject to prior court approval. Any request for
dismissal must be accompanied by at least one declaration setting forth the facts upon which the party relies in
seeking the dismissal, as well as the full terms of any settlement between the named parties. Notice to the class
may be required before the dismissal is approved.

      (Adopted, effective July 1, 1996)




Division VII – Rules                                 - 703 -                               Revised 1/1/1999
Superior Court of California, County of San Mateo


                                         DIVISION VIII
                         APPOINTMENT OF SPECIAL MASTERS AND REFEREES
                      FOR THE HANDLING OF COMPLEX CASES - SUPERIOR COURT



   Rule 8.1    Power to Appoint ...................................................................................................................... 800
   Rule 8.2    Definition ................................................................................................................................. 800
   Rule 8.3    Identification ............................................................................................................................ 800
   Rule 8.4    Appointment of Special Master or Referee ............................................................................. 800
   Rule 8.5    Supervision of Special Master or Referee ................................................................................ 800
   Rule 8.6    Duties of Special Master or Referee ......................................................................................... 801
   Rule 8.7    Court Order................................................................................................................................ 801
   Rule 8.8    Trial Judge ................................................................................................................................. 801
   Rule 8.9    Special Master Additional Powers............................................................................................ 801
   Rule 8.10   Copies of Orders and Referee Reports (Repealed) .................................................................. 802




2005, Division VIII – Table of Contents                               i                                                                  Revised 1/1/2007
Superior Court of California, County of San Mateo

                                    DIVISION VIII
                    APPOINTMENT OF SPECIAL MASTERS AND REFEREES
                 FOR THE HANDLING OF COMPLEX CASES - SUPERIOR COURT

Rule 8.1 Power to Appoint

        The court may, at any stage in the proceedings, appoint a special master or referee for the purpose
of conducting proceedings in complex cases, pursuant to Code of Civil Procedure sections 638-645.1,
including settlement, in accordance with the provisions of this rule.

         (Adopted, effective July 1, 1996)

Rule 8.2 Definition

         "Complex cases" are those cases that require specialized management to avoid placing
unnecessary burdens on the court or litigants. These include, but are not limited to, multiple related cases,
cases with extensive pretrial activity, extended trial times, large numbers of parties, complex factual
issues, and/or extensive post-judgment court supervision.

         (Adopted, effective July 1, 1996)

Rule 8.3 Identification

        Counsel shall, upon the filing of a complaint, cross-complaint, answer, or at any point counsel so
concludes, file and notice a motion with the presiding judge, stating that the case is complex, as herein
defined. The presiding judge shall screen such cases and determine which cases are to be referred to a
special master or referee.

         (Adopted, effective July 1, 1996)

Rule 8.4 Appointment of Special Master or Referee

        The presiding judge may, in accordance with the provisions of Code of Civil Procedure sections
638-645.1, in any case determined by the presiding judge to be complex, or on noticed motion of any
party, appoint a special master or referee. The compensation of the special master or referee shall be
fixed by the presiding judge pursuant to Code of Civil Procedure section 645.1 or pursuant to the
agreement of all parties.

         (Adopted, effective July 1, 1996)

Rule 8.5 Supervision of Special Master or Referee

        The presiding judge, or any judge designated by the presiding judge, shall supervise the work of
the special master or referee.

         (Adopted, effective July 1, 1996)

Rule 8.6 Duties of Special Master or Referee

The special master or referee shall, in addition to the powers and duties conferred by Code of Civil
Procedure section 639,

         (a)       Review the court's file and meet with counsel;


2007, Division VIII – Rules                          800                                    Revised 1/1//2007
Superior Court of California, County of San Mateo

         (b)      When deemed appropriate, require counsel to provide statements pertaining to factual and
         legal issues;

         (c)     Require the attendance of counsel and parties (or representatives of parties with full
         authority to settle) at all settlement conferences;

         (d)     When deemed appropriate, meet with counsel and the parties (or their representatives)
         together and/or separately;

         (e)     Refer special problems affecting settlement which require the assistance of the court to
         the presiding judge, or to the supervising judge designated by the presiding judge;

         (f)     Determine the procedure, time, place and duration of all settlement conferences, subject
         to the direction of the presiding judge, or supervising judge designated by the presiding judge;
         and

         (g)     Determine the procedure, time, place and duration of all settlement conferences, subject
         to the direction of the presiding judge, or supervising judge designated by the presiding judge;
         and

         (h)     Upon determination that settlement cannot be reached under the circumstances then
         prevailing, report the status of the matter to the presiding judge together with such
         recommendations as may assist the court in securing the ultimate settlement of the case.

         (Adopted, effective July 1, 1996)

Rule 8.7 Court Order

         Upon determination by the presiding judge that reference to a special master or referee should be
made, the presiding judge shall sign and file an order designating the special master and referee and fixing
compensation pursuant to this rule. The presiding judge, upon recommendation of the special master or
referee, may allocate compensation among parties on an equitable basis.

         (Adopted, effective July 1, 1996)

Rule 8.8 Trial Judge

        At the sole discretion of the presiding judge, the trial judge in complex cases may, or may not, be
the judge designated by the presiding judge to supervise the special master or referee.

         (Adopted, effective July 1, 1996)

Rule 8.9    Special Master Additional Powers

       The special master or referee may, on his or her own motion or on motion of any party, and upon
good cause shown, order the designation of experts and their availability for depositions.

         (Adopted, effective July 1, 1996)

Rule 8.10 Copies of Orders and Referee Reports

                              (Adopted, effective January 1, 2002) (REPEALED, effective January 1, 2005)




2007, Division VIII – Rules                                  801                                           Revised 1/1//2007
Superior Court of California, County of San Mateo

                                                           DIVISION IX
                                                      CRIMINAL DEPARTMENT




Rule 9.1  Pretrial Motions in Criminal Cases ..................................................................................                 900
Rule 9.2  Sentencing ........................................................................................................................   900
Rule 9.3  Continuances ....................................................................................................................     900
Rule 9.4  Written Arraignments ......................................................................................................           901
Rule 9.5  REPEALED [Investigative Reports – Discovery] ..........................................................                               901
Rule 9.6  Preparation of Reporter’s Transcript on Appeal in Criminal Cases ................................                                     901
Rule 9.7  Trial by Declaration for Traffic Infractions .....................................................................                    901
Rule 9.8  Confidentiality Of Victim Or Witness Information In Law Enforcement, Arrest Or
          Investigative Reports [Penal Code §964(C)] ...................................................................                        901
Rule 9.9 Traffic Pre-Trial Discovery Motions ................................................................................                   902
Rule 9.10 Local Criminal Felony and Misdemeanor Bail Schedules ...............................................                                  903




Division IX – Table of Contents                                           i                                                     Revised 1/1//2008
Superior Court of California, County of San Mateo


                                                  DIVISION IX
                                             CRIMINAL DEPARTMENT


Rule 9.1 Pretrial Motions in Criminal Cases

         (a)      Notwithstanding the minimum time limits set out in the California Rules of Court, all
         pretrial motions, accompanied by points and authorities, shall be served and filed at least fifteen
         (15) calendar days, all papers opposing the motion at least five (5) calendar days, and all reply
         papers at least two (2) court days before the time of the hearing.

         (b)      Motions shall be in writing unless good cause to the contrary is shown, within the time
         deadlines and other provisions described above. Motions shall be heard upon application and as
         set by the court.

         (c)      In misdemeanor cases in which the defendant has waived the right to a speedy trial, all
         pretrial motions shall, if possible, be set and heard prior to the date of the pretrial conference.
         When such motions cannot be so calendared, a later hearing date will be permitted only when a
         written declaration setting forth good cause for the late hearing has been filed and approved.
         Such declarations should be filed prior to the date of the pretrial conference and served on the
         opposing party.

         (d)      In misdemeanor cases, if a motion to strike a prior conviction cannot be timely heard due
         to lack of documentation, it will then be heard at the time of sentencing.

         (e)      Written motions filed pursuant to Penal Code Section 1538.5 shall specifically describe
         and list the property or evidence which is the subject of the motion to suppress. Furthermore, the
         motion and supporting documents shall specifically state the theory or theories relied upon, and
         cite the specific authority or authorities offered in support of such theory or theories.

         (Adopted, effective July 1, 1996)



Rule 9.2 Sentencing

         (a)      In all criminal matters, the judge who indicates a sentence upon which a plea is
         subsequently entered or who hears a trial, either jury or non-jury, normally shall impose sentence
         in that case.

         (b)    The judge imposing sentence may order that a case be returned to that judge for all
         subsequent proceedings, including, but not limited to, modifications and violations of probation.

         (Adopted, effective July 1, 1996)

Rule 9.3 Continuances

        A trial date or evidentiary hearing may be continued only in open court, both sides being
represented. Written notice of a motion to continue as required by Penal Code Section 1050 may be
waived if the motion is known to be unopposed, and the proffered good cause is not contested.

         (Adopted, effective July 1, 1996)




Division IX – Rules                                  900                                   Revised 1/1//2008
Superior Court of California, County of San Mateo



Rule 9.4 Written Arraignments

        The attorney for a non-custody misdemeanor defendant may waive the formalities of
arraignment, enter a not guilty plea and set the matter for pretrial hearing and trial, or for pretrial hearing,
as may be appropriate, by personally appearing at the clerk’s office of the designated branch at least two
court days prior to the date set for the first appearance and by executing on behalf of the defendant, a
written document to that effect on a form provided by the court.

         (Adopted, effective July 1, 1996) (Amended, effective July 1, 2003)



Rule 9.5 Investigative Reports -- Discovery

         (Adopted, effective July 1, 1996) (Repealed, effective January 1, 2003)



Rule 9.6 Preparation of Reporter’s Transcript on Appeal in Criminal Cases

         The reporter shall commence preparation of the transcript upon a verdict of guilty in all felony
trials. If a notice of appeal has not been filed within 60 days of sentencing the reporter shall cease
preparation of the reporter’s transcript and submit a bill for the completed pages of the transcript. Rule
8.616(b) of the California Rules of Court shall otherwise apply.

         (Adopted, effective July 1, 1996) (Amended,    effective January 1, 2007)

Rule 9.7 Trial by Declaration for Traffic Infractions

        In order to expedite the handling and disposition of all traffic infractions, any defendant may elect
to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, subject
to the provisions of Vehicle Code Section 40902. Testimony and other relevant evidence may be
introduced in the form of the notice to appear issued pursuant to Vehicle Code Section 40500, a business
record or receipt, a sworn declaration of the arresting officer, or a written statement or letter signed by the
defendant. If the defendant is dissatisfied with a decision of the court in a trial by declaration, the
defendant shall be granted a trial de novo.

         (Adopted, effective January 1, 1998)


Rule 9.8 Confidentiality Of Victim Or Witness Information In Law Enforcement, Arrest Or Investigative
Reports [Penal Code §964(C)]

A.    Law Enforcement Reports Impacted
      1.   Law Enforcement, arrest or investigative reports that contain confidential personal
           information regarding a witness or victim are to be sealed pursuant to Penal Code section
           964(a). These reports will be sealed once they are filed or lodged with the Court if they are
           submitted for the following purposes:
           a)    If the report is being submitted by a prosecutor in support of a criminal complaint,
                 indictment, or information, or
           b)    If the report is submitted by the prosecutor or law enforcement officer in support of a
                 search or arrest warrant.



Division IX – Rules                                          901                               Revised 1/1//2008
Superior Court of California, County of San Mateo

      2.     This Rule is an exception to the California Rule of Court 243.1, as provided by paragraph
             (a)(2) of Rule 243.1.

      3.     Pursuant to Penal Code §964(c), this procedure will not be construed to impair or affect any
             of the following:
             a)     Provisions of Chapter 10 of Title 6 of Part 2 (commencing with Penal Code §1054);
             b)     Procedures regarding informant disclosure provided by Evidence Code §§ 1040 to 1042
                    inclusive, or as altering procedures regarding sealed search warrant affidavits as
                    provided by People vs. Hobbs (1994) 7 Cal4th 948; or
             c)     A criminal defense counsel’s access to unredacted reports otherwise authorized by law,
                    or the submission of documents in support of a civil complaint.

B.    Access to Sealed Reports

      Any individual or agency, who does not have access to the report as allowable by law, may obtain
      access to a redacted version of the sealed report by following these procedures:

      1.     File with the Court an Ex Parte Application for an Order to view the report. This Ex Parte
             application must state the case number, title of the case, and the reasons and basis for your
             request to gain access to the sealed report.

      2.     Please see Local Rule 3.19 for filing, scheduling and hearing procedures. All Ex Parte
             Applications for an Order to view a sealed law enforcement report containing victim/witness
             information under this Rule must be scheduled for the Presiding Judge’s Ex Parte hearing
             calendar that is heard daily between 2:00 PM to 3:30 PM.

      3.     Individuals who obtain an order granting access to a sealed report pursuant to this Rule shall
             present the order at the Criminal Court Clerk’s Office to request the report. The Clerk’s
             office will arrange to obtain a copy of the redacted report and will notify the applicant when
             the report is available for pick up.

      (Adopted, effective July 1, 2005)

Rule 9.9 Traffic Pre-Trial Discovery Motions. An informal discovery request can be made
anytime after a case is filed.
1.   The defendant or his/her attorney must make this request in writing and the original is to be
     filed with the police agency that issued the citation.
2.   The citing police agency has 15 days to respond and provide the requested material and
     information.
3.   A copy of the informal request shall be filed with the District Attorney’s Office who in turn
     will provide the Court Clerk’s office Traffic Division with a copy of the request.
4.   If the police agency does not respond to the request within 15 days of service, the defendant
     may seek a court order to compel Discovery.
5.   The motion to compel discovery must be filed at the earliest possible date and at least five
     court days prior to the trial date. Written notice must be served on all parties at least five
     court days prior to the hearing. The original written motion to compel discovery and the
     proposed order should be filed in the Court Clerk’s office Traffic Division with a copy



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Superior Court of California, County of San Mateo

     served on the police agency that issued the citation and the District Attorney’s Office. The
     motion should indicate a hearing date that is before the trial date.

(Adopted, effective July 1, 2006)

RULE 9.10 LOCAL CRIMINAL FELONY AND MISDEMEANOR BAIL SCHEDULES

These procedures and schedule for adoption of local felony and misdemeanor bail schedules, hereinafter
referred to as “local bail schedules”, are adopted pursuant to California Penal Code, sections 1269b (c)
and (d) and California Rules of Court(CRC), Rule 4.102. These uniform countywide bail schedules will
be used for setting bail at all times provided by law.

A.   The local bail schedules are effective from July 1 to June 30 of the following year.

B.   Judicial officers of this court designated by the Presiding Judge will review and revise the local bail
     schedules annually and submit their revisions to the Judges Committee for review and approval. The
     proposed revised local bail schedules will be reviewed and shall be adopted by a majority of the
     judicial officers at the judges April meeting.

C.   Amendments to the local bail schedules may be made during the year at any time upon a majority
     vote of the judicial officers of this court.

D.   Copies of the local bail schedules shall be sent to the officer in charge of the county jail and of each
     city jail within the county, to each judicial officer of this court and to the Judicial Council [PC §
     1269b(f), CRC, Rule 4.102].

      (Adopted and effective January 1, 2008)




Division IX – Rules                                  903                                      Revised 1/1//2008
Superior Court of California, County of San Mateo


                                              DIVISION X
                                 JUDICIAL ARBITRATION FOR CIVIL CASES


Rule 10.1       Judicial Arbitration for Civil Cases ............................................................................ 1000
Rule 10.2       Voluntary Arbitration ................................................................................................. 1001




Division X – Table of Contents                                    - i-                                                 Revised 1/1/2007
Superior Court of California, County of San Mateo

                                         DIVISION X
                            JUDICIAL ARBITRATION FOR CIVIL CASES

Rule 10.1 Judicial Arbitration for Civil Cases

A.       Use of Arbitrator’s Panel
         The combined courts shall use the same panel of arbitrators promulgated pursuant to CRC Rule
         3.814.

B.      Pleadings Submitted to Arbitrator
        Each party in a case referred to arbitration may lodge with the arbitrator a copy of the latest
complaint, answer, cross-complaint, or answer to cross-complaint filed by that party and arbitration brief,
if any. Documents shall be lodged with the arbitrator at least five (5) court days prior to the scheduled
hearing or whenever the assigned arbitrator requires.

C.      Length of Arbitration Hearings
        Hearings shall not exceed three (3) hours, or in the arbitrator's discretion, upon good cause
shown, a maximum of five (5) hours except as otherwise provided herein. If any party believes that the
hearing will require more than five (5) hours ("lengthy hearing"), that party may obtain permission for
such lengthy hearing by either:

         1.     Filing at least five (5) court days before the hearing a written stipulation among the parties
         and the arbitrator for a lengthy hearing and providing for payment by the parties of a reasonable
         rate of compensation for the arbitrator for each hour of hearing in excess of five (5) hours; or

         2.   Obtaining a Court order by written application showing good cause for a lengthy hearing
         made to the Court at or before the time when the matter is referred to arbitration.

D.       Requests for Continuances - Hearing Date and Jurisdiction of the Arbitrator.
         Any request to continue a judicial arbitration hearing will automatically vacate the current
arbitration hearing date. Any application to the court for a continuance of the arbitration hearing shall be
submitted on a Court provided form entitled “Ex Parte Motion and Stipulation for Continuance of Judicial
Arbitration Hearing.” Parties can obtain a copy of the form by contacting the court’s judicial arbitration
administrator.

E.       Requests to Change ADR Processes
         1.    It is the policy of this court that all judicial arbitration hearings shall be conducted in
         accordance with California Rules of Court, rules 3.810 – 3.829. At the time of the case
         management hearing, the court expects parties to be prepared to select the appropriate ADR
         process for their case. [CRC, rules 3.720-3.730].

         2.    Parties may not switch from court ordered judicial arbitration to another form of ADR on
         the day of the judicial arbitration hearing. However, if the parties believe that another ADR
         process might be more beneficial to their case, they may request permission from the court to
         switch ADR processes. Parties must submit their request to the court using the Court provided
         “Stipulation and [Proposed] Order to {Mediation, Neutral Evaluation, etc.] in Lieu of Court
         Ordered Judicial Arbitration” form. [See Local Rule 2.3(h)(3)].
               (Adopted, effective July 1, 1996) (Amended, effective January 1, 2005) (Amended,
               effective January 1, 2007)

Rule 10.2 Voluntary Arbitration



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Superior Court of California, County of San Mateo

In all short-cause matters, the parties may stipulate to arbitration. Cost of such arbitration will be borne as
the parties stipulate or, if there be no stipulation, by the losing party.

(Adopted, effective, January 1, 2009 [formerly Rule 11.6])




Division XI – Rules                                 - 1001-                                  Revised 1/1/2009
Superior Court of California, County of San Mateo




                                                            DIVISION XI
                                                            CIVIL RULES


Rule 11.1       Motions and Notice of Motions (Repealed) ............................................................... 1100
Rule 11.2       Information Forms for Data Processing ...................................................................... 1100
Rule 11.3       Long-Cause, Prearbitration, Settlement and Trial Setting .......................................... 1100
Rule 11.4       Civil Case Assignment ............................................................................................... 1101
Rule 11.5       Juries: Fees and Demands ........................................................................................... 1101
Rule 11.6       Voluntary Arbitration ................................................................................................. 1102
Rule 11.7       REPEALED(Summary Judgment Motions - Form of Motion) .................................. 1102
Rule 11.8       REPEALED (Summary Adjudication Motions -- Form of Motion) .......................... 1102
Rule 11.9       REPEALED (Summary Judgment/Adjudication Motions - Form of
                Opposition Separate Statement ) ................................................................................ 1102
Rule 11.10      REPEALED (Summary Judgment /Adjudication Motions
-               Format of Evidence) ................................................................................................... 1102
Rule 11.11      REPEALED (Summary Judgment/Adjudication Motions - Opposition on
                Ground of Unavailability of Evidence) ...................................................................... 1102
Rule 11.12      REPEALED (Summary Judgment/Adjudication Motions -Proposed Order
                Denying Motion(s)) .................................................................................................... 1102
Rule 11.13      REPEALED (Summary Judgment/Adjudication Motions
                -Objection to Evidence) .............................................................................................. 1102
Rule 11.14      REPEALED (Summary Judgment/Adjudication Motions -Form of
                Written Objections to Evidence) ................................................................................ 1102
Rule 11.15      REPEALED (Summary Judgment/Adjudication Motions -Sanctions) ...................... 1102
Rule 11.16      Amended. Delay Reduction Policy and Standards .................................................... 1102
Rule 11.17      REPEALED (General Civil Delay Reduction Procedural Rules) .............................. 1103
Rule 11.18      Continuances .............................................................................................................. 1103
Rule 11.19      Required action ........................................................................................................... 1104
Rule 11.20      Failure to Comply with Delay Reduction Rules . ....................................................... . 1104
Rule 11.21      Unlawful Detainer ...................................................................................................... 1104
Rule 11.22      Pro-Tem Judges .......................................................................................................... 1104




Division XI – Rules                                                  - i-                                                 Revised 1/1/2009
Superior Court of California, County of San Mateo

                                                    DIVISION XI
                                                    CIVIL RULES

RULE 11.1 Motions and Notice of Motions

     (Adopted, effective July 1, 1996) (Repealed, January 1, 2008)


Rule 11.2 Information Forms for Data Processing

      The court may prescribe forms for filing with such papers as may be necessary to accommodate data
processing and statistical reporting requirements. These forms will normally be required with all first
appearances or any other pleadings which affect the status of the parties in an action, including proofs of
service of summons, memoranda to set, any documents requiring a hearing, and such other documents as
may be identified by the court as requiring the input of special data to a case management/statistical
reporting system. Specific statements of policy requiring the filing of these forms, and amendments
thereto, will be published as they are approved by the court through customary media and bar liaison
channels. These forms will be made available at the Court clerk's offices, as appropriate.

     (Adopted, effective July 1, 1996)

Rule 11.3 Long-Cause Prearbitration, Settlement and Trial Setting

     (a)     For purposes of these rules, any civil action requiring more than four hours for trial or in
     which a Jury is demanded is deemed to be a long cause matter. All other actions are short-cause
     matters.

     (b)     Prearbitration, settlement and trial-setting conferences shall be conducted in accordance with
     the California Rules of Court and the rules of this Court, with notice of such conferences to be given
     by the Clerk.

     (c)    The Presiding Judge or a Judge designated by him or her shall hold a combined Prearbitration
     or mediation, settlement and setting conference for every long-cause civil action. All matters which
     are or will be subject to arbitration or mediation under the provisions of Chapter 2.5, Title III, or title
     11.6 of Part 3 of the Code of Civil Procedure (Sec. 1141.10 et seq., or Sec. 1775 et seq.) or Rules
     3.810, et seq., or 3.870, et seq. of the California Rules of Court shall be arbitrated or mediated,
     except those matters which the conference Judge determines to be not amenable to arbitration or
     mediation or cases in which arbitration or mediation is not likely to result in a reduction in the time
     or expense of litigation. In all other long-cause matters which are by law not subject to arbitration or
     mediation, or determined to be not amenable thereto, a settlement and setting conference shall be
     held.

     (d)     Upon filing of a memorandum to set in all long-cause matters, the Clerk shall forthwith set a
     conference. Notwithstanding any other provision of these rules, a judge of this court assigned to
     hear civil matters, upon that judge's own motion or upon application by a party, may require that any
     case, including those defined as short causes, may be subject to a settlement conference. In such
     event, the conference shall be conducted pursuant to this rule.

     (e)    At the conference, the conference Judge shall attempt to effect settlement of the case. If no
     settlement is effected and the Judge determines it appropriate to do so, the Judge may adjourn the
     conference from time to time for further settlement discussions. If no settlement is effected, the
     matter shall be ordered to be submitted to arbitration unless it is not subject, or amenable, to


Division XI – Rules                                        - 1100-                           Revised 1/1//2009
Superior Court of California, County of San Mateo

     arbitration. In all cases set for trial a final settlement conference shall be set approximately three
     weeks prior to trial date.

     (f)    At all settlement conferences, all parties shall: (l) Have clients and principals in attendance or
     on telephone standby. (2) Prepare and submit to the Court, at least two full court days prior to the
     day of the conference, a written statement containing all of the following: (a) the facts and respective
     contentions of the parties to prove or disprove the right of recovery; (b) items and amounts of special
     damages; (c) nature and extent of injuries incurred and claimed residuals supported by written
     medical reports when available; (d) any wage loss claim, showing methods of computation; (e) any
     claim for future medical expenses and earnings loss; and (f) statements of the most recent demand
     and offer.

     (g)    The trial attorney or a fully informed associate with settlement authority shall attend for each
     party.

     (h)      Counsel shall be prepared to make a bona fide offer of settlement.

     (i)    ARBITRATION. After a case has been ordered to arbitration and the arbitrator has been
     selected, not later than five (5) days prior to the date set for the arbitration hearing, each party shall
     lodge with the arbitrator a legible copy of each pleading that party has previously filed with the court
     and each court order which the party has obtained.

     (j)       After arbitration, if a party elects to have a trial de novo pursuant to Code of Civil Procedure
     Section 1141.20, trial will be set by the Clerk. The case shall receive priority and shall be set on the
     first trial date reasonably available. A settlement conference shall also be set approximately three
     weeks prior to the trial date.

     (Adopted, effective July 1, 1996) (Amended, effective January 1, 2007)

Rule 11.4 Civil Case Assignment

     All civil cases will be assigned at the time the complaint is filed to the program judge assigned to
hear Municipal Court cases. The case shall be managed by the assigned program judge until disposition
or until the case is assigned to a trial department.

             ( Amended, effective January 1, 1997)

Rule 11.5 Juries: Fees and Demands

      Jury fees shall be deposited and may be refunded as provided in Code of Civil Procedure Sections
631 and 631.3. No refunds of the Jury fees deposited shall be made where the party making the deposit
has failed to give the Clerk written notice of settlement or of the granting of a motion of continuance at
least two court days before the date set for trial. Parties in civil actions shall be deemed to have waived
their right to a trial by jury in all cases in which they would otherwise be entitled to such a trial, by an
express waiver or failure to demand a jury, or in any other manner prescribed by C.C.P. § 63, specifically
including but not limited to, a failure to demand a jury at the time the cause is first set for trial.

     In unlawful detainer cases in which a jury is demanded, a jury will be deemed to be waived unless
the party demanding the jury either: (1) deposits jury fees or (2) obtains an order to proceed in forma
pauperis, and prior to 10 AM on the third full court day prior to the day set for trial - not counting
weekends or non-judicial days established pursuant to law.

     (Adopted, effective July 1, 1996) (Amended, effective January 1, 2009)

Division XI – Rules                                       - 1101-                           Revised 1/1//2009
Superior Court of California, County of San Mateo


Rule 11.6 Voluntary Arbitration
          See Local Rule of Court 10.2

     (Adopted, effective July 1, 1996)(Repealed and renumbered, effective January 1, 2009)


Rule 11.7 Summary Judgment Motions - Form of Motion

     (Adopted, effective July 1, 1996)(Repealed, effective January 1, 1999)


Rule 11.8 Summary Adjudication Motions -- Form of Motion

     (Adopted, effective July 1, 1996)(Repealed, effective January 1, 1999)


Rule 11.9 Summary Judgment/Adjudication Motions - Form of Opposition Separate Statement

     (Adopted, effective July 1, 1996)(Repealed, effective January 1, 9999)

Rule 11.10 Summary Judgment Motions/Adjudication -- Format of Evidence

     (Adopted, effective July 1, 1996)(Repealed, effective January 1, 1999)

Rule 11.11 Summary Judgment Motions/Adjudication -- Opposition on Ground of Unavailability of
     Evidence

     (Adopted, effective July 1, 1996)(Repealed, effective January 1, 1999)

Rule 11.12 Summary Judgment Motions/Adjudication -- Proposed Order Denying Motions

     (Adopted, effective July 1, 1996)(Repealed, effective January 1, 1999)

Rule 11.13 Summary Judgment Motions/Adjudication -- Objection to Evidence.

     (Adopted, effective July 1, 1996)(Repealed, effective January 1, 1999)

Rule 11.14 Summary Judgment Motions/Adjudication -- Form of Written Objections to Evidence.

     (Adopted, effective July 1, 1996)(Repealed, effective January 1, 1999)


Rule 11.15 Summary Judgment Motions/Adjudication -- Sanctions.

     (Adopted, effective July 1, 1996)(Repealed, effective January 1, 1999)


Rule 11.16 Delay Reduction Policy and Standards

(a) TIMELY DISPOSITION OF CIVIL CASES STATEMENT OF POLICY. It is the policy of the
Superior Court of California, County of San Mateo to manage all municipal court type cases from the
time of filing the first document invoking court jurisdiction through final disposition. Parties are

Division XI – Rules                                    - 1102-                       Revised 1/1//2009
Superior Court of California, County of San Mateo

encouraged to proceed at a more accelerated pace, especially in those cases involving promissory notes,
simple breach of contract, money due and other cases susceptible to early disposition. This policy is
intended to comply with existing law, maximize efficient use of court resources and resolve cases within
the Standards of Timely Disposition adopted by the American Bar Association.

(b) TIME STANDARDS. The following standards are adopted for resolution of civil cases.

     (1)   GENERAL CIVIL. A general civil case is any civil case other than a small claims or
unlawful detainer.

             (A) 90% of all the general civil cases shall be completed within twelve (12) months from
             the date of filing complaint
.
             (B) 98% of all general civil cases shall be completed within eighteen (18) months from the
             date of filing complaint.

             (C) 100% of all general civil cases shall be completed within twenty-four (24) months
             from the date of filing complaint.

     (2)     UNLAWFUL DETAINER.

             (A) 90 % of all unlawful detainer cases shall be completed within thirty (30) days from
             filing of the complaint.

             (B) 100% of all unlawful detainer cases shall be completed within forty-five (45) days
             from filing of the complaint.

     (3)     SMALL CLAIMS.

             (A) 100% of all small claims cases where defendant resides within the county shall be
             completed within thirty (30) days from the filing of the claim of plaintiff.

             (B) 100 % of all small claims cases where defendant resides outside the county shall be
             completed within sixty (60) days from the filing of the claim of plaintiff.

             (Adopted, effective July 1, 1996)


RULE 11.17            General Civil Delay Reduction Procedural Rules

     (Adopted, effective July 1, 1996) (Amended, effective January 1, 2007) (Repealed, effective January
      1, 2009)


Rule 11.18     Continuances

      Pursuant to CRC Rule 10.1004 and CRC Standards of Judicial Administration, Section 9, no case
shall be continued except upon an affirmative showing of good cause. Motions to continue shall be in
writing and supported by affidavits or declarations detailing specific facts showing that a continuance is
necessary. A stipulation by all parties to a continuance does not constitute good cause.

     (Adopted, effective July 1, 1996) (Amended, effective January 1, 2007)


Division XI – Rules                                     - 1103-                         Revised 1/1//2009
Superior Court of California, County of San Mateo

Rule 11.19     Required Action

     Action shall be taken on all calendared cases and a future date for action shall always be set. No
case shall go "off calendar" without a future action date being set.

     (Adopted, effective July 1, 1996)


Rule 11.20    Failure to Comply With Delay Reduction Rules

      If, at any time, a party fails to pursue a case to disposition or fails to comply with the requirements
of these rules, an order to show cause may be issued by the Court and a hearing held to determine whether
good cause exists for such failure and to consider imposition of sanctions under the Local Rules of this
Court, CCP Section 177.5, or Section 128.5, or dismissal of the action pursuant to CCP Section 583.410
and the appendix to the Standards of Judicial Administration Section 2.3.

     (Adopted, effective July 1, 1996)


Rule 11.21 Unlawful Detainer

     Unlawful detainer actions are controlled by these Rules. A Memorandum to Set or a default
judgment must be filed with the Court and served within twenty-five (25) days of the filing of the
Complaint. If a memorandum to set or a default judgment is not so filed and served, the Court on its own
motion, without further notice, may dismiss the action.

     (Adopted, effective July 1, 1996)


RULE 11.22       Pro-Tem Judges

(a) When an attorney is named as a plaintiff in a civil or small claims case filed in the Superior Court of
California, County of San Mateo, that attorney may not sit as a judge pro-tem of the court during the
pendency of the case or within six months following the resolution of the case.

( b) When an attorney is named as a defendant in two or more civil or small claims cases filed in the
Superior Court of California, County of San Mateo, that attorney may not sit as a judge pro-tem of the
court during the pendency of the cases after the second case has been filed or within six months following
the resolution of both cases.

     (Adopted, effective July 1, 1996)(Amended, effective July 1, 1996)




Division XI – Rules                                      - 1104-                          Revised 1/1//2009

				
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